Tuesday, July 31, 2007

Mr. Sprocket follows me to court

Tuesday, July 31st, 2007.

Ever since I've been immersed in this case, that's all I've wanted to talk about, and my husband has been getting an ear full. I didn't even really want to go bicycle shopping in July, something my husband really wants to do. Every weekend all I wanted to do was spend every nonworking moment getting caught up on my trial notes. About a month ago, my husband made an offhand remark that maybe he would go to court with me one day, just to see for himself what my days have been like. I really didn't think it would happen since he started with a new company in late June, and they have been working him sixty hours or more a week with hardly a day off. It is the summer, and HVAC companies who service commercial buildings are very busy, and my husband's skills are in high demand.

After eight days without a break, Mr. Sprock told his boss he was taking a day off so he could spend the day with me. "After all," he jokingly said, "My wife is famous now. She was mentioned in the local paper." Yesterday I went shopping and splurged on a new tie and jeans for him because, if he was going to come to court with me, he wasn't showing up in one of his standard worn and faded t-shirts. He had to be presentable. Mr. Sprock wanted to experience the whole day like I do, riding the bus and the train to court. I said, "Okay, but you do realize that means we have to be walking out the door by a certain time, or we will have to drive."

We got up early this morning, and it looked like we would have enough time to get everything done. This also included an extra chore for me, of sewing on suspender buttons on Mr. Sprock's new pants. Mr. Sprock made us a great breakfast and lunch, and we also packed a blanket to sit on, just in case the unforgiving courtroom benches were too much. As we are rushing to get ready, I'm calling out the time, reminding my husband that we have to leave soon. As he starts to button on his white suspenders, he's realizing that they look like they have a few stains on them. I tried to remind him about taking care of that last night, but to no avail. So he tries to clean them up a bit and throws them in the dryer to dry. Minutes keep ticking by, and he's still not ready. I'm packing our lunch, getting extra water ready, and making sure I have my notebook, enough pens as well as all the material I've printed out for Dominick.

Two minutes to go the suspenders are miraculously dry, and my husband is finally putting on his tie. The problem is, he can't remember how to tie a double Windsor knot. "Why do I have to wear a tie" he asks, totally frustrated that he can't remember how to do it and wanting the easy way out by not wearing one. "Because if you're going with me to court, I'm asking you to wear a tie," I reply. I'm watching the minutes tick down to when we have to leave and he still can't get the Windsor knot figured out. He keeps trying. It's now about eight minutes past when we were supposed to leave. Taking the bus and train are now history, and we will have to drive. As we get in the car, Mr. Sprock is still trying to get the tie together, so I have to get us there. On the freeway, the traffic is unexpectedly light through a good portion of the San Fernando Valley, but I'm expecting bumper to bumper once we reach the Hollywood Freeway. As I pass the first freeway traffic sign with travel times, it says it's a 25 minute drive to downtown LA. I breathe a sigh of relief, knowing we will have plenty of time to get to court.

Mr. Sprock finally abandons trying to remember how to do a double Windsor, and settles for a single. Success. He's not happy with how it looks, but at least it's presentable. As I'm driving, he gets his coat jacket from the rear seat and notices a stain on the left sleeve near the cuff. I knew I should have looked over all of his clothing before we left the house. He immediately goes to work, putting some soda water on the stain, and rubbing the stain on his jeans. "Don't get it on your pants!" I tell him. "Oh, it will be dry by the time we get to court," he confidently replies. We park in the budget lot, and walk to the building.

Up on the 9th floor, I see Dominick sitting with the two cameramen in the hallway, and I introduce him to my husband. He had a flesh colored bandage over his nose, and everyone is making up funny stories as to what happened. I knew the real story before we left the house, and was happy to see that he was feeling okay and just a little banged up. Inside the courtroom, I see ccarrolladams (CCA) is already in his regular seat, chatting it up with two trial watchers next to him. As we sit down, I ask Dominick for a favor. My older sister, just having found out yesterday that I've been sitting next to Dominick at trial, told me I would never have to sew her another thing ever, if I would get for her, a signed copy of Vanity Fair. Dominick asks her name and signs the page his article is on. Right after, one of the cameramen asks Dominick if he will sign his M&M's wrapper. We all laugh. I pass the package of materials I've printed off to Dominick and he immediately starts devouring Kim's blog, The Darwin Exception. I start pointing out everyone in the room who arrives to Mr. Sprock.

The other blogger Carolyn Kellogg is here. LAist, where she blogs, recently did an interview with her. I see the gentleman who attended the Blake trial in the back row near the door. Spector finally shuffles into court with the little wife and bodyguards. Mr. Sprock turns to me and says, "Who's the woman wearing the pregnancy top?" It's Rachelle. (For the rest of the day, my husband asks anyone who will listen if they think she could be pregnant.) She's got on a matching top and pants, but the top looks like it belongs on someone who's six months or more in the family way. It has all these pleats in the front, and these strange sleeves that are all puffed around the elbows, and I'm reminded of the big poofed sleeves the men wore in The Three Musketeers. And her hair looks terrible. What can one say about couples that dye to match? Maybe after she styled Spector's rug, she passed the color bottle to her own head. Her hair is dead flat straight. It's obvious she hasn't had her ends trimmed in months, and, her whole head is full of split and broken ends. One of the reporters said, "She looked much better as a streaked blond." Like I've mentioned before, she looks best with her hair pulled back so you can see her face.

Dominick says he saw a show at the Geffen Playhouse over the weekend and it was great. He asks me if I've ever been. "Once," I reply, "To see one of my long time dear clients, Penny Fuller." "I know Penny!" Dominick says. "She was a good friend of my late wife." I tell him that whenever Penny comes to town, she always makes a point to get a session with me. One of the reporters in the back row asks Dominick, "Did Lindsay Lohan punch you out?" I see Spector's single fan along the back row. A tall large man in a nice suit (he looks almost like a mob lawyer), comes in and goes up to Rod Lindblom to shake his hand. He's then introduced to the family.

Ciaran tells Dominick that Michelle Caruso quit the paper she was with, and was hired as a senior editor at The Star. Ciaran says she's a fun girl, and he really likes her. This is a good move for her, and he mentions that she might come back to trial later in the week.

For a long time, everyone thought that Spector's former assistant Michelle Blaine, who knew Phil since she was a young child and worked for him for about eight years, was the one who hired Rachelle as her assistant. Well, that story isn't exactly accurate. The reality is, it was Spector who met Rachelle (who knows where), and Spector ordered Michelle to hire Rachelle as her assistant. Seems the latest Mrs. Spector had Phil in her sight glass for a long time, and marrying Spector is a probably her own Bonnie Lee Bakely dream come true. I'm sure it must have been difficult for Michelle, forced to have an assistant that she absolutely hated with a passion.

The attorneys have been in camera with the Judge, and they finally emerge around 9:43 am. A few minutes later, Roger Rosen's girlfriend arrives and sits on the defense side beside Rachelle. Brunon is not in the well of the court; he's sitting in the second row of benches behind Rachelle. Mr. Sprock (a fan of any music before Beethoven), excitedly tells me that CCA knows all about an incredible Italian record label, Fone. You have to hear an album produced by this guy on a decent sound system to truly appreciate it.

The first witness up is Marc Scott Taylor, a forensic scientist who does general criminalistics work and DNA analysis. He does have a degree...a bachelors degree, in Zoology but that's about it. I'm wondering if with this degree, he's done any shotgun wound testing on animals, because that's the only way I can think this guy is going to be relevant to the defense case. Taylor makes a point to say that he did all the course work for his Masters, but he went to work for the LA County Sheriff's crime lab, and never wrote his master thesis. Whoop-de-do. What's the point of going to school then? We hear lots more boring testimony about DNA extraction, RFLP testing and the current method, PCR that's used around the world. His lab is one of the first labs to go "online" using DNA testing.

During all this make you snore testimony, I exchange some notes with Dominick about Rachelle's hair, basically everything I've already written about. I look over at Rachelle and she's already got her blankie wrapped around her. The jury is listening to the witness, but I rarely see a note being taken. I think, "What would they write, anyway?" Spector's hands are in his lap, and not where I would normally see them. I can't see any shaking. The witness states that DNA can transfer just by touching a pen. A juror picks at their nails. Now we are finally getting to something. Taylor states that saliva is the preferred reference sample for DNA, because it's one of the most concentrated human fluids for DNA. It has more DNA than blood. Is the defense trying to imply with this witness, that Spector didn't have anything to drink, that his DNA being on the brandy snifter glasses is just transfer DNA, and could have gotten there through Lana kissing him? Ewwwww!

The witness is breezing along testifying but he says something, claims something about a stain, (I'm a terrible reporter; I totally miss the statement) and AJ is objecting faster than I can blink and a sidebar is called. It appears Plourd didn't lay the proper foundation for the question. About this time Linda Deutsch has a coughing fit that just won't stop. Dominick is really worried about her. Several people offer Linda water, but she waves them off. The bailiff brings Linda a glass of water which she finally accepts. Soon, it's revealed that this blood stain is the dried blood that Dr. Lee collected in a post-it paper. Still, it's puzzling, why the defense is even bringing this up. I check in with my husband, and he writes me a note on my pad, asking when the break is. He's fidgeting all around, and I think he needs to use the bathroom. I tell him 25 more minutes at least. Now Taylor says the blood sample has tissue in it.

I think this testimony is pointless. Why is the defense getting testimony of the minutia of comparing this blood sample with the control sample taken from Lana? The reporter's don't think this blood stain Dr. Lee collected was in contention that it was Lana's. "The sample could not be excluded from coming from Ms. Clarkson. The sample is rarer than one in 1.8 billion." The blood flake Dr. Lee collected would not dissolve, so it was harder to get it to back into solution. Mr. Sprock asks me "What's the point of this?" And soon it becomes clear. Apparently, this expert witness says post-it notes are used all the time to collect evidence; he's even heard that at a forensic conference. After all, it's only paper. So this is to try to rehabilitate Dr. Lee's collection procedures. Rosen passes Plourd a note. A juror looks out at the gallery. We wait it seems like endless minutes for AJ to get up and cross.

AJ gets Taylor to admit that he doesn't have a master's or Ph.D. degree, and that he doesn't know the particular luminol formula that was used.

Q: Evidence envelopes are handled a bit more carefully?

A: Probably.

Even after Jackson does a demonstration with a post-it pad, the witness is still firm that post-it paper is quite acceptable to collect evidence in. The sticky side being the part that is used. After a question by Jackson the witness insists that when he received the item, the dried blood was attached to the sticky area. As a last point, Taylor has to admit that his lab is not ASCLAD certified. Plourd tries to redirect his witness.

Q: Does someone has to be a histologist to do DNA testing?

A: No.

Q: In order to look at blood?

A: No. It's better to look at blood via testing verses under a microscope. A presumptive test is better.

When Plourd asks about someone possibly getting "prime rib" on their clothes, the witness says. "Well, with prime rib, you could be splashing blood, possibly; a better example is steak sauce."

Both sides are finished with Taylor, and Steven Dowell is the next witness for the defense. And right after the first question, Jackson calls for a sidebar. Since this takes a while, the reporters talk about Rosen's "non-presence" in front of the jury. One reporter thinks Rosen is a perfect example of a "smarmy, West LA lawyer," and I have to agree. When the attorneys step away from the bench, it appears the prosecution won that sidebar, because the defense moves onto their only other issue with Steven Dowell.

Steven Dowell testifies that he was at a meeting where the missing tooth was discussed. This is all just to get on the record, that the LASO crime lab makes mistakes, and gives the defense the ability to imply that the potential missing evidence could have been in that broken vial with the missing teeth. A few questions later, Dixon stands up to perform the cross.

Steven Dowell followed the proper procedures when he found the broken vial. He documented what he discovered and notified the doctor in charge of the case. Plourd asks a redirect question.

Q: Was Dr. Herold involved in trying to determine if the pieces were missing.

A: Yes.

Dixon recrosses.

Q: An this was tooth material?

A: Well, that's what they believed it to be.

The afternoon break is finally called, and we get a chance to stretch. Mr. Sprock isn't in need of the bathroom like I thought, he's in need of some caffeineto wake himself up. He tells me he had to keep pinching himself and move around to try to stay awake. All those fourteen to sixteen hour work days have been taking their toll. He takes off for the first floor cafeteria to get some black tea. I look on over at the defense side, and I see Brunon talking to a woman who I guess is his wife with two late teenaged looking children. Later, in the hallway at lunch, it's a good guess that this might be his family. One of the court liaison officers comes over to speak to Dominick, Ciaran and Steven. Apparently in anticipation of the jury visit to the Castle, the court is going to have a meeting with all the members of the press next Tuesday at 8:30 am. Steven makes a passing comment that bloggers are not considered mainstream and should be included. I chuckle, because we both know I won't be one of the press selected to cover the viewing. Even so, I will go to this meeting just to cover what decisions are made, and report who gets to go.

When my husband finally gets back upstairs (seems he had a problem getting on the right elevator) he has purchased a bag of M&M's. I read him the riot act that he can NOT be caught chewing these by the bailiff. He says, "Well, as long as she doesn't see me." I remind him that the Judge will be watching too. He promises me he won't eat them during testimony.

When we go back on the record, Rosen calls the next witness, Richard Munisteri. This is an associate counsel for the House of Blues, who received a subpoena for certain documents. All this witness is here for, is to show Lana Clarkson's work schedule for the week prior to her death, and that she didn't work that Tuesday. This is the only way that the defense can get on the record as part of their case, that Lana could have attended Greg Sims's impromptu party at his St. Regis hotel room. It will be difficult for the prosecution to verify whether or not Lana ever did attend this party, because the hotel was torn down to make way for condos. Where in the world would they find people who might remember a party, or even the hotel records? My husband writes me a note asking what was the date of the murder.

After they are finished with this witness, there is another sidebar and the lunch break is called early. Dominick had a lunch date set up with the prosecutor on the Menedez case, so CCA and my husband have lunch together at a table near by. CCA brought me a DVD copy of Tigerland. I'm so excited! I've received hate mail telling me that Rachelle was never in this movie, she never played the part of a stripper and that she is a musician, and that I should get my facts straight. However, a very reliable source told me that yes, Rachelle is in the movie as an extra, dancing topless around a stripper pole in the background behind the principal actors. I'll try to watch the movie as soon as possible and report back to all of you.

During lunch, I leave a message for my sister in Florida that I never have to sew for her again. My husband, very irritated with the settings of the A/C in the courtroom asks CCA if he knows where the thermostat is in the courtroom so he can fix it. CCA, chuckling, tells him it's behind the judge's bench, and his hopes of fixing the A/C are dashed.

Back in the courtroom, my husband points to Spector, and says, "He looks like he's about to pass gas." He's in a strange position. He's standing in front of his special chair, facing it. His hands are on the arm rests, and his right knee is bent at 90 degrees, the knee resting on the seat of the chair. This pained expression is on his face. Beth Karas enters the courtroom. When we go back on the record, it appears the defense doesn't have any more witnesses! They are deleting some witnesses, and tightening up their case. They could rest this week, even as early as tomorrow! Holy cow! No one is expecting this, not even the prosecution, who thought the defense would be continuing all through next week. The defense asks if they can present Dr. Lee's testimony from the evidentiary hearing, because it appears he is "unavailable." Dixon gets up to object to that, and presents some arguments to the Judge to, show due diligence that the defense made every effort to get Dr. Lee here. And then a bombshell is revealed. Dr. Lee was never put under subpoena to testify. What a big screw up that was. It was just a good faith "hand shake" that he would be available. Dr. Baden is not going to testify. Looks like no more big guns expert witnesses. I find that interesting. The reporters tell me that Dr. Baden was here this weekend but he flew back to New York. And the last thing, the defense would like to see in advance a text of the potential jury instruction regarding the missing "evidence."

The Judge turns down all the the requests by the defense. The Judge points out that they did not prove to the court that they made every effort to ensure Dr. Lee would show up, so they do not get to use his prior testimony outside the presence of the jury. Second, no way in hell is he going to deviate from proper court procedure and give them an advance on that jury instruction because he hasn't heard all the testimony yet, so at this point he doesn't even know what the specific instructions will be. The Judge and the prosection will be going to the murder scene sometime on Monday, August 6th, to preview the scene and ensure there is no OJ staging. If everything is hunky dory, then the jury visit will go forward.

Rosen tells the Judge that they are still working out issues regarding the press and this visit. He spoke with Sandi Gibbons and they are pretty close on some issues but far apart on some others. Rosen then brings up the computer hard drive and that they haven't been able to review all the materials yet. This will impact the witnesses they are going to call tomorrow, and they may have to recall them. Sometime during this whole discussion, the Judge tells the defense that they can not rest until after the jury visit.

Then the issue of Cutler leaving for Westlake is brought up. The Judge asks Spector if that's agreeable to him. "Yes," he replies. I can't remember if it's the Judge or the prosecution who brings up a prior case where something similar occurred during a trial of one of the Manson accomplices, and because another attorney took over for a prosecutor that was killed during the trial, the decision to let another attorney take over was turned over on appeal. The Judge made it clear to Spector, that, if he decides to let Cutler partake in the closing argument, then he will forfeit his right to an appeal on the grounds of ineffective counsel. The Judge asks Spector if he still agrees, and Spector replies, "I'll talk with him (Cutler) about that." His voice is low, raspy. It sounds to me like he's got laryngitis.

The Judge then brings in the jury, and informs them that there's good and bad news. He informs them that they might be going out on a trip to the Castle on August 9th. There's a possibility of that. And, he understands that there is a possibility that one alternate, #6, may not be able to make that viewing. It remains to be seen, since it appears she has a prior commitment. And, that they need to start preparing themselves for the end of the case, and that deliberations will be held on Fridays also, so they may need to make arrangements for that. The jury is excused, and Plourd tries to get photos of Lana, during the filming of movie roles, holding guns. The Judge had already ruled on this, but now the defense makes a last ditch plea, showing the actual photos to the Judge. He still denies the request stating the photos are irrelevant. If you want to call the people who trained her for the roles and how to use a gun, that's one thing, but photos, no way. Brunon makes a last ditch effort to get these images in front of the jury saying, "It has some relevance," and the Judge replies, "It doesn't have enough for me."

There is some discussion involving Dr. Pena, and possible exculpatory evidence that the prosecution brought forward for advice from the Judge on whether or not this potential evidence was exculpatory, and the Judge felt it wasn't, and isn't allowing the evidence in. However, that information will still be provided to the defense team in an unredacted form.

The Judge finally leaves the bench, and the reporters take their time leaving the courtroom. We are all still reeling that the defense has shortened up their case, and is not going to bombard the jury with more expert witnesses. Maybe they are seeing the writing on the wall, and taking a better temperature of the jury, and showing them those disgusting photographs of Lana's teeth and tongue all over again with more experts. Before I leave the courtroom, I make a point to tell the family attorney about something I observed during the morning break, that I felt he needed to be aware of. He thanked me for that information.

Outside the courtroom, we linger a bit with Dominick and Mr. Sprock brings up the maternity looking top on Rachelle and whether or not she's pregnant. Dominick says, "I can't even think of them together!" And we have a laugh about that. With us chatting, are two other trial watchers, a husband and wife who were sitting on the other side of CCA. My husband was talking with the wife, right before leaving the courtroom, about sneaking up behind Phil, and giving a little tug on his head rug. The wife put her head down to keep from laughing because she said had to resist a desire to do exactly that herself! Outside the courtroom, my husband and the woman joke about this some more, and when Spector and his entourage leave and pass by us, my husband visits the idea again.

Walking back to our car and the drive home, Mr. Sprock said he had a good time today, except for when he had a hard time staying awake during the morning session.

I almost forgot to mention that Steven Mikulan has a new entry up at the LA Weekly. He got a scoop and interviewed Sara Caplan. It appears that all the reporting about Sara Caplan going to be hauled in front of Judge Fidler on Friday or Monday were just that. Rumors. According to Steven, the court liaison's office and Ms. Caplan, had not heard a thing about that.

Sunday, July 29, 2007

Guest Entry: C. Carroll Adams, Ph.D., on the Spector Trial, and becoming trial addicted

The almost daily Sprocket Blog is a total delight.

Constantly you provide us not just a transcript of testimony in CA v Phil Spector, but in addition the flavor and subtext of the events in and around the courtroom. Through your words we have come to know and love a whole new aspect of Dominick Dunne, a young man with a future as a wordsmith himself.

Some of us are comfortable discussing endlessly the difference between conventional bluing of steel in firearms and the finish treatment of aluminum in a Clot Cobra to make it appear to be fine steel. Some of us get pedantic when a defense expert witness who claims to know everything cannot answer a simple basic question from a defense attorney, such as the definition of a micron. Considering that is the basic measurement unit of optical microscopy you would think a forensic pathologist who started med school in 1946 would know a micron is 1 over 1,000 of a millimeter.

Okay, so you tell us about the different brands and styles of expensive women’s shoes. And just think, when “Sex and The City” stopped production I thought it safe to forget all about Milano Blahnik and Jimmy Choo. Before that when “Absolutely Fabulous” (AbFab) stopped I forgot all about YSL and Christen Lacroix. I guess as long as Phil Spector is married to Rachelle every day in court will be a fashion adventure.

Because you wrote about the comfort of getting to the court house using Metro busses and the Red Line, I was motivated to get out of my condo and spend a day or so at the trial. You offered to introduce me around, and I knew that Dini was flying in for a few days. That made me feel right at home, and soon I discovered I also had many long-time buddies working for either the DA or the LA Superior Court. First and foremost is Sandi Gibbons, lead spokesperson for the DA. We first came into contact long before the Manson trial which she covered so well.

Going to court is sort of addictive, but in a good way, and actually ethical as well as street legal. I can imagine a scene (say from “Reefer Madness: The Musical”) in which some disreputable fellow steps out of the shadows and offers an innocent young person a free all day Metro pass along with directions to the court house, knowing full-well that from then on that innocent person is hooked. A few claim they can stop attending court when they want, so are in denial about their addiction. Others freely admit Jonesing their next court day, although we will never admit Bogarting the best seats.

People say back about 1962 Phil Spector produced the music of their lives, which is as may be. I do know that even before this trial got a delayed start I was hearing “To Know, Know, Know Him is to Loath, Loath, Loath Him” and did not understand why.

Then when neither Werner Spitz nor VDM could remember passages from their own books, and admitted lifting parts from previous other author’s research, I could not help singing the Tom Lehrer song from circa 1955 “Lobachevsky” who claims the secret to success in science is to “Plagiarize, let no one else’s work evade your eyes!” VDM and later WS also got me to seriously thinking being a necrophiliac as a career path. VDM is the son of a former NYC Chief ME. WS is the father of a current Chief ME in Michigan, reminding us all about the “Young necrophiliac who achieved his boyhood ambition by being elected coroner” as Tom Lehrer says in the introduction to “My Home Town” on his 1960 album “Tom Lehrer Revisited.” Just think, had PS produced that album it might have sold even more copies. Silly Tom Lehrer, who produced and marketed it himself, the most successful such sales effort up to then in the field of comedy music.

Thank you, Sprocket, and Thank you, Mr. Sprocket, for loaning her to us all these many days!

C Carroll Adams PhD

Saturday, July 28, 2007

Cutler loses the limo, and dissension in the ranks

Wednesday, July 25th, 2007

It's being whispered behind the scenes that Spector has terminated the chauffeured limousine service for Bruce Cutler to get to and from the courthouse. Cutler, who has been staying at The Ritz-Carlton in Pasadena on Spector's dime, recently had his lodgings down graded from a nice bungalow to just a single room in the main hotel. It's my understanding that driving him everyday has been relegated to one of the massive bodyguard's (down from three to two, for some time now). ~Maybe Spector's pocketbook is shrinking, and he's actually having to rein in his defense spending budget because you know, he has to keep his young, arm candy wife well stocked with Christian Louboutin shoes.~ I'm not sure if it's true but supposedly the other members of the defense team have been instructed to be "nice" to Cutler in public. All this is obviously to try to quell rumors in the press of dissension in the defense camp ranks. I don't think this last ditch effort (to make it look like everyone at that table is getting along) is working very well, since the accredited press has been reporting there is dissension. I doubt that Cutler is now suddenly included in the strategy sessions with the rest of the leaderless-looking defense team.

Early on in the trial, not long after the (Plourd-bored-the-jury-to-the- point-they-sent-a-message-of-complaint) cross of Dr. Pena, I predicted that this trial would not end until September. Not one of the accredited press believed that, and the thought of it going on that long really upset Mr. Dunne when I suggested it. With a jury trip to The Castle planned sometime for the second week in August, it's seems I wasn't far off in my prediction. Beth Karas is now reporting that the close of this long suffering drama will probably happen towards the end of August.

I took a break from taking the Metro and drove to court today. I found a slightly cheaper lot near the courthouse on the southeast corner of Broadway and 2nd Streets. It's only $10.00 (compared to $16-18) for the entire day. Granted, it is almost a full block farther away, but the walk does go by pretty quickly.

I finally get to the 9th floor around 9:15 am. Dominick is in the hall chatting it up with Harret Ryan and the Court TV camera operators. When I enter the courtroom, I see Judge Fidler is out of his robes and signing for documents related to other cases at his clerk's desk. ccarrolladams (CCA) and Steven both have jokingly said they can't look at Judge Larry Fidler without his robe on. It's just not right. Ron and Richard from Riverside are here, and when Dominick sees them, he gets a big smile on his face and greets them very warmly.

Sitting next to Rachelle is Anita Talbert (one of Spector's most outspoken supporters) wearing a pair of black, skin tight jeans. When she was in the courtroom before, she had on a more drapey, loose-fitting outfit. Today, Anita looks even more skeletal than she did the first time I saw her. I wonder how comfortable she will be on the rock hard courtroom benches because to me, it doesn't look like Anita has a rear end at all. I think Anita is a despicable person. She has been spewing lies left and right about Lana Clarkson to any news outlet that will give her a second of air time. The stories are horrendous and I won't repeat them. Right before the jury comes in I see Spector, animated and smiling, talking to Roger Rosen. I also see that Louis Spector and his long time love had come to court again, and his brother Dante is sitting right beside them. I made sure to stop by and apologize to Louis for having to run off so quick last week without saying goodbye. We agree to have lunch together in the cafeteria.

This morning, before I left for court, I got a private message on the Court TV forums from Gary Spector. Gary was concerned because he recently found out that one of his father's gold records,
To Know Him Is To Love Him, was on sale on eBay for $100,000. He was upset that someone was trying to profit off of something that belonged to his father, and Gary was hoping I could help him get this information to his dad. I printed out the message Gary sent me, and I also printed out the eBay web pages that had the item for sale. I sent Gary a message back that I would do what I could to get this information to Spector for him. Not because I care about Spector, but because my heart goes out to his estranged sons. It's been my impression ever since meeting Louis and talking to Gary via e-mail, that even though Spector turned his back on all of his boys years ago, all they want is to be there for their father. They don't want his money, they just want to show him support, just out of respect for the fact that he is their father.

While everyone was waiting for court to start, I showed Dominick what I had, and that Gary wanted me to pass this information on. Dominick said I should give it to Horace, one of the bodyguards. I told him I didn't feel comfortable doing that (I'm terribly shy approaching people I don't know) and he said he would do it for me, since he knows the bodyguard. I quickly wrote a note on the top page that I promised Gary I would pass this information on, and signed my name. I saw Dominick hand the papers to Horace, and then I saw Horace motion to Rachelle, who stepped outside with him. My heart sank. I really wondered if the information would disappear, or if it would be spun in some totally negative way to Spector.

It wasn't until lunch that I find out what happened. Louis said that his father came up to him, (I can't remember the specific statement he made) saying he was quite angry at his twin thinking Gary was the one selling the record. Louis was quite puzzled about his father's anger, because he didn't know what it was about. I felt terrible, because I knew this was the last thing Gary wanted. I quickly explained to Louis the sequence of events and what I had tried to do. If I had known that Louis was going to be in court, I would have passed all of this onto him. Louis promised me that after lunch, he would set his father straight, that it wasn't Gary selling the item on eBay.

Back on the record, Plourd continues his direct of Dr. Werner Spitz.

Spitz worked at an army hospital in Israel performing autopsies, many of which were gunshot victims. In 1959 he came to the US on a visitor visa, and at first had no plans to immigrate. When he did decide to immigrate, for that application to go through he was required to return to his native Germany for two years before he could apply to live here permanently. While in Germany, he did the same type of work he did in Israel. Dr. Spitz then goes into great detail describing his US work history, and the various counties where he was hired as the chief medical examiner. He worked in Baltimore, and two different counties in Michigan. For thiry-five years, Dr. Spitz has been on the board of the Forensic Medical Journal (I don't think I have the name of it right~I think it's commonly referred to as "The Orange Journal.") for editorial review of articles submitted for publication.

In 1972 to 1988 he was the chief medical examiner for Wayne County, Michigan. When he retired in 1988, the county next door asked for his help ~because the medical examiner there was not a pathologist~ in a consulting capacity. Then after a few years he was hired as the chief medical examiner for McCoon County, Michigan. He finally retired from that position in 2004, and his son took over his job. Dr. Spitz helped develop the testing requirements for new potential forensic pathologists. (I'm guessing this is for the state of Michigan.) He's been appointed as a professor of two universities, one being Wayne State, the other I miss getting the name. He teaches classes on poisons in forensic pathology. It's 9:55 am and I see Rosen's girlfriend enter and sit on the bench with Rachelle and Anita.

I look over at Fawn sitting in the front row off to my right, and I see she has some sort of palm sized little pamphlet of printed material that she is carefully cradling in her hand and discreetly trying to read. I can't see what it might be that she's reading.

Dr. Spitz has testified in all fifty states and several other countries. He's testified in federal, criminal and civil courts as well as before congress. He was contacted by the Nelson Rockafeller Commission investigating the assassination of JFK. He not only worked on that case but also on the Martin Luther King assassination. This committee is still in existence, and if there ever is any need, the committee members are brought together again to investigate. Dr. Spitz testifies that he has probably looked at over 20,000 gunshot wounds, in either an actual capacity or a supervisory one. He was originally approached to work on the case by Spector's first attorney, Robert Shapiro.

In reviewing this case, he looked at the complete autopsy file, the Alhambra Police crime reports, the Los Angles County Sheriff's crime reports, prior medical records of Lana Clarkson, prescription records of Ms. Clarkson, her diary, her datebook and other materials that were found on her computer. He also looked at numerous crime scene photographs. He was asked to opine on the cause of death (COD) and manner of death (MOD) of Ms. Clarkson. I take a moment to look on over at the jury and it appears that several are taking notes. Dr. Spitz states that photographs are very important in postmortem review and in some instances he had to rely on them completely. He also mentions that he looked at the toxicology records, and other documents. And then, Dr. Spitz gives us his opinion of MOD, something he will never waiver from throughout his entire testimony. "I think she died of a self inflicted gunshot wound." Dr. Spitz states that it is almost impossible, although there are some exceptions, to determine what someone was thinking (right before they kill themselves). One of the jurors in the back row is making facial expressions, raising their brow, as if to say, "Huh?"

Q: Dr. Spitz, do you exclude it being a homicide?

A: No. ...Uh, Yes.

Absolutely incredible! Dr. Spitz first answers "No," but after a second or two corrects himself. Could this be a spontaneous admission of how Sptiz truly feels?

Dr. Spitz goes on to say, "I think Dr. Pena's opinion was a hasty opinion." Oh really, doc? I guess that slipped by you that Dr. Pena took about
ten months to carefully review everything before he came to his conclusion. Hasty my ass. It's right then that Ron who is sitting behind me and Dominick, passes a note to Dominick that I get to read. Does Dr. Spitz belong to the SAG (Screen Actors Guild)? He's full of B.S. We both smile and Dominick gives me a little chuckle.

The defense has put up on the Elmo a video we've seen before, of Dr. Spitz firing off a Colt cobra 38 snub nose revolver. CCA leans into me and asks, "But what ammo did he use?" I look on over at the jurors. One has their arms crossed. Another one has an expression like they don't believe him. They are just listening and not taking much in the way of notes. I write this note to CCA, even though I'm sure he knows.
Impossible. The ammunition was last sold over 20 years ago.

Dr. Spitz performed a test with the same type of gun but not with Plus P ammunition, which was the type that was in the weapon. He can't recreate the shooting because the ammunition can not be obtained. I pass a note to CCA about another trial watcher who has snuck in during the morning session. I also see the white haired guy enter and sit on the defense side. He's actually wearing a dress shirt and tie today, when he usually wears a more casual looking attire. Dr. Spitz did other testing with this particular weapon. He shot rounds at a special thick type of paper to document the gunshot residue pattern. Out of the corner of my eye I see Alan Parachini enter and sit near the door. A juror and an alternate have their arms crossed. Another juror is looking around and out at the gallery.

I take some time to watch Fawn's face. Occasionally I see an expression that passes (in my opinion) like she can't believe what she's hearing. Maybe it's a small half smile or a smirk. It's hard to tell because I can't see her face full on. I admire the courage it must take, to sit here for as long as she and her mother have, and listen to the defense witnesses try to drag her sister through the mud. Again, I have to say, every time I even concentrate too much on the family, all I can think about is the loss they have experienced. A few days ago, Dominick was sitting next to me, and reading my blog entry titled Pie loses her memory ~ well, what memory she has left. When he comes to the following passage, he outlines it and motions to me to see it.

There have been several times over the last several months, while I've been in the court room, I've looked at Lana's family, and I tried to put my emotions into the shoes of what Lana Clarkson's family is dealing with. What if, my sister had been so careless and thoughtlessly murdered like Lana was. What if, I had a child who was killed at the hands of a wealthy, misogynistic, weak little man. And when I think I've come just a little bit close, to what that horror would be like, tears immediately start to form and I have to shut the emotion down before I become overwhelmed by a sense of heartbreaking loss.
He then leans into me and says, "I've felt this way, too." I respond back, "But you have been in their shoes. You have experienced this loss," referring of course, to the murder of his daughter, Dominique.

All this expert blabber sounds nice, but when you get down to the brass tacks, the defense can't get around some basic facts. That Lana's death occurred in Spector's home that she was unfamiliar with, with Spector's gun, and Spector's bullets. And the huge incriminating fact, within minutes of the shooting, Spector stepped outside his back door and said in a clear voice to Adriano DeSouza, "I think I killed somebody."

The morning break is finally called. I step outside and sit down on the same stone bench with Susan, the Dateline reporter with the auburn hair color I envy. Ciaran comes over and says, "Hello ladies." Susan shares with us a bit about the story Dateline is doing and the deadline she is having to meet. If I'm remembering correctly, Dateline is looking to air their show either during closing arguments or deliberations, but don't quote me on that. Back inside the courtroom, CCA tells me he overheard Jackson and Dixon talking with an LASO captian and others about scheduling the jury visit to the castle. According to what he heard, they were going to have to call in about 100 extra officers from neighboring jurisdictions. Coordinating the whole event will be a logistical nightmare. Two tentative dates are mentioned as to when this visit will occur. We go back on the record at 11:10 am. Lana's family stays outside the courtroom. They don't reenter when the break is over.

Dr. Spitz, is now talking about gun pressure. I didn't realize that forensic pathologist Spitz is also a weapons expert. Plourd is having trouble getting some questions to Dr. Spitz. Seems he's not asking them properly or even laying the proper foundation; Jackson keeps objecting and the Judge keeps sustaining AJ's objections. The Judge has to explain to Plourd what he's doing wrong. Finally he gets his act together so he can ask Dr. Spitz about gun gasses. "A gunshot wound would cause an explosion to the head and in this case, left evidence of that," Dr. Spitz testifies. I try to stay with it, paying attention to the testimony but now he's moved on to talking about the damage to the mouth and the teeth that were blown out and I want to cover my ears and go "la la la la la, I can't hear you!" Just like Kim described on her blog The Darwin Exception, when the orodontist Alselmo testified. But since I'm in the courtroom, I have to at least look like I'm taking notes instead of having my mind wander.

Beth Karas enters the courtroom and she's wearing a lovely, deep pumpkin colored skirt and matching suit jacket, matching jewelry, a white top and adorable shoes on her feet. Every time I see Beth, she never disappoints in wearing something stylish and appropriate. Spector is looking down, almost as if he is boring a hole through the defense table with is eyes. Linda Kenney Baden appears to be on her laptop again. For the first time I notice Cutler is not sitting directly beside Spector. From left to right it's Cutler, Rosen,
then Spector and Linda Kenney Baden on the far right. OMG! They are showing that terrible image of Lana's lips pulled back again by that device. I can't look. It's disgusting. Several of the jurors in the back row look bored. Rosen is very busy writing, taking notes while Plourd is conducting the direct. As the testimony drones on, I'm thankful that I'm going to miss more of this if it continues into tomorrow, and at the same time, hating the fact that I'll probably also miss most of Jackson's cross.

Now Plourd is having Dr. Spitz show the tongue model to the jurors up close and personal, so Spitz can explain to them his opinions on the tongue wound. Earlier, Susan mentioned that she didn't think Pat Dixon looked too happy, and as this testimony goes on, I think she might be right. On the other hand, I can't see Dixon's face (or AJ's for that matter) very well when they are sitting at the prosecution table. I look on over to see what Spector is doing, and it doesn't appear that his hands are shaking. I haven't noticed them shake for some time now. I look on over at Steven and he makes a quick face at me. I have to cover my own face for a moment to keep from smiling or laughing.

The defense now puts up on the Elmo an image of Lana's damaged tongue. It's totally gross, and I have to look away. I feel like the family attorney who is leaning forward and has his head down. For a moment he looks up for a second, but then puts his head back down. I'm starting to freeze again, and yawn. I realize that I might as well bring a sweater each day, just in case the A/C is set to Antarctica. Ten more minutes. Seven more minutes.

Finally! The lunch break is called, and I make a quick exit to get to the cafeteria so I can grab two tables and put them together. I'm not sure if Dominick is going to join us or not. Monday, he was invited to dine with Peter Y. Hong and Cutler today, but Peter hasn't been in court all morning so Dominick doesn't know if the lunch is still on. Supposedly, Peter is an amateur gourmet chef, and puts together these fabulous sandwich lunches. Outside in the hallway near the elevators I see Peter on his cell, so Dominick's lunch date is on.

Louis, his friend, CCA and myself all have lunch together. Susan joins us, and we shuffle seats so that she and Louis can talk. Louis is considering being interviewed for the Dateline segment, and they talk about the specifics of what that might entail. Towards the end of the lunch hour, Dante shows up and joins us. I can see immediately that Louis is happy to have him here. For the rest of the time we are in the cafeteria I get to see Dante and Louis interact. And, it's obvious to me these two men have a deep affection for each other. Dante shares that his girlfriend is a massage therapist, similar to myself. From the way he talks about her, it's clear she is a very important part of his life. At the end of lunch I hear that during the morning session, Spector came over and shook Dante's hand.

Over lunch, Susan and I discuss whether or not the jury knows that Rachelle is Spector's wife, and I mention some of Rachelle's inappropriate outfits. Susan asks me what's wrong with what Rachelle is wearing; she looks nice today. (I agree. The white linen pantsuit is a big improvement.) I describe in detail the "knickers" outfit she had on yesterday. What about her boss, who is juror #2? Surely he would know who Rachellle is because he reviewed some material about this case before he was empaneled. Susan shakes her head no, because she was the one who presented materials for him to review. The jury doesn't see them together, since the jury comes before Spector and Rachelle do, and Rachelle is not at the defense table. For all they know, she could be his daughter or grandchild. I don't think so. I think they know. There are times during testimony, where the jury can see one of the defense attorneys whispering to Rachelle, and her to them. She's the only person on the defense side of the room who is dressed in "look at me" attire, which coresponds with Spector's own bizarre style.

Much later in the day, Ciaran gets confused with the word knickers. He thinks I'm talking about "underwear," because that's the word that is commonly used in Canada and England to describe undies. I thought I'd better explain for readers at Anthony Samuelson's Blog, who follows the trial in the UK. "Knickers" are also known as "pedal pushers." They are slacks (or shorts) that end right above the knees.

Back inside the courtroom, we take our seats and wait. Dominick is reading a script for a TV show where he is going to play himself for two episodes. He's up to page seven and his part hasn't appeared yet. "That's an outrage," he jokingly says. I mention to Dominick that Dante joined us at the end of our lunch. After having lunch with Peter and Cutler, Dominick can't say enough nice things about Peter Y. Hong. He really likes and respects him.

One of the cameramen wants to play a joke on Beth, and he places an empty plastic water bottle under the blanket she sits on, which is right beside his chair. The other Court TV employees in the back row are all in on the joke, but are sure to tell him to remove it if, when Beth comes back, the jury is seated and testimony has started. Beth, who sets up another dinner engagement with Dominick, doesn't sit down until right before the jury comes in, so the bottle is removed.

At 1:35 pm, Plourd is back on direct with Dr. Spitz. It's now that I decide I'm not going to write much more in the way of notes. Whoops. Not yet. There's that word "demonstrative" again. Spitz says it about a piece of animated video of a gun going off that Plourd is now showing the jury. The Pie said it, I think Jennifer used it, Rosen used it and so did the producer, Sims if I'm remembering correctly. Dr. Spitz feels Lana's heart could have still been beating for a short time after the gun went off. Now Plourd brings out the clear head model for the jury again that shows the trajectory of the bullet. A juror in the back row puts down their notebook. Most of the jurors are not taking notes anymore. Now Plourd wants to be able to have Dr. Spitz do a demonstration in a chair, but Jackson calls for a sidebar. When the sidebar is finished, it doesn't look like the defense is going to be able to get this demonstration in front of the jury after all.

Dr. Spitz now says her head moved after brain death. This is crazy. On what planet Dr. Sptiz? Never in my life have I ever heard of a body moving where the spinal cord has been completely severed so close to the brain. When Dr. Spitz coughs on the stand, I'm thinking he might keel over. He's now raising his voice and getting forceful. I write a note to CCA:
He's going to milk this. I notice two jurors in the back row have their arms crossed and they are rocking in their chairs. Dr. Spitz is now complaining that there were no "tape lifts" taken of the hands as if this was a big departure from regular procedure. He thinks the physical evidence supports the opinion that Lana was holding the gun with two hands, one on top of the other. Dr. Spitz totally ignores that fact of Lana's wrist injuries, and that she couldn't even carry trays at the House of Blues. Plourd then jumps to the toxicology results.

2:20 pm I see that Rachelle's eyes are closed. It looks like she's taking a nap. A few minutes later, Sandi Gibbons and a couple more trial watchers enter. I'm starting to fade from getting only a few hours of sleep last night and I know as soon as the break is called I'm going to dash up to the snack bar on the 13th floor and get a Vitamin Water. At 2:45, Fidler calls the afternoon recess.

I get my Vitamin Water and come back into the courtroom. I see Rachelle, Horace, and the woman who is Spector's number one fan all break out in laughter over on the defense side of the room. Sandi Gibbons comes by, and I ask her about Vincent Bugliosi. Way back before there were cell phones, Sandi was working for one of the wire services at the time, covering the Manson trial. Sandi thinks Vincent was a legend in his own mind. He called over 140 witnesses; the defense didn't call any. "Mickey Mouse could have prosecuted that case and won," she said. I'm quite disappointed with this bit of information about Vincent, since I really loved reading all his books.

Back on the record, Spitz is going over the "reflexive breaths," he thinks Lana could have made after her spinal cord was severed. I'm shivering, the courtroom is still very cold. "The heart continues to work for a while," he says. "And if it didn't, I would be very surprised." Dr. Spitz goes on to add to his opinion about the MOD and suicide, and waxes poetic about Lana's state of mind. "She was callus. She didn't understand the totality of her actions. (It was) without thinking. Unplanned." Now he goes into explain of other cases he's had, where parents, devastated by a determination of suicide for their child, want him to reconsider his conclusion. "

Q: Those drugs, alcohol and Vicodin, would not render one incapable of holding gun?

A: It would render you incapable of good reasoning.

It sounds like Plourd just might be wrapping it up! Yippie! I just might get to see Jackson start his cross today. Now Plourd is going over the fact that women
do use guns and shoot themselves in the mouth. And, a large percentage of suicides have alcohol in their system. Dr. Spitz gives his opinion that Lana's lips were not clenched tightly around the barrel of the gun. And then Dr. Spitz gives another one of his most unbelievable opinions so far. That the bruise on Lana's eye was not because she was hit in the face. Oh no. Spitz state's the bruise was the result of the gunshot blast via the eustachian tubes (ear canal). "No, no, no!" Spitz says. "It's not a black eye!" And here is where Spitz goes completely bonkers and again says that Lana could have taken several breaths after her spinal cord was severed by the bullet. "Considering the intake of air and after brain death, there is every reason to believe the air came out on more than one occasion. I can not say that it did but it could have as I described." Thank you Dr. Spitz. One of the most renowned forensic pathologist has just told us that a brain dead woman with a severed spinal cord at C1, could still take some breaths and spew the blood on Spector's jacket too many feet away. On what PLANET, Dr. Spitz? Can you show us another case exactly like this one where that happened?

It's 3:40 pm and Chris Plourd passes the witness to the prosecution.

The courtroom wakes up, because anytime Alan Jackson conducts cross, you know you are going to be in for a treat. Right off the bat Jackson asks Spitz how much he's being paid. And they get into a little disagreement about how much he's been paid. "Five thousand a day," Spitz states. Since Spitz has been out here to California three times, Jackson responds, "So that's fifteen thousand?"

Spitz: Oh, you're being mean.

Jackson: No sir, I'm trying to do simple math.

And you can just feel it. AJ is just itching to have a go at this hack. The amount Dr. Spitz is being paid is finally figured out. He recently sent a bill for $45,000. He called AJ "mean" because he said he was earning a smaller amount than he actually billed for! Rachelle leans into Plourd and whispers. Jackson confronts Dr. Spitz with the prior bad act history of Spector, and asks if he considered that when coming to his conclusion of MOD. And Spitz actually says, "He is a passive individual in this case." I think my jaw about fell open when I heard that statement. (Spector
passive? So waving a gun in several women's faces and threatening their life is just a passive activity? I'd hate to see what passes for excitement at his house!) It's clear that Spitz has been away from Earth for a long time. Even though it only went on for 20 minutes, it was very exciting to watch. Jackson began an excellent tear down in just 20 minutes what it took Plourd all day to build up.

As we gather our things to leave, I tell Dominick that I won't be here tomorrow; I have to work, and he makes a disappointed face. When we say our goodbyes in the lobby, I tell him that I'll see him on Tuesday. He tells me he'll get in touch with me before then.

Here is my latest (film?) critic, moaning about The Color Orange.

Jenny H has left a new comment on your post "The "Producer" gets in the
picture & Spray-on, day-glow Orange..."

I am surprised that you did not comment on Linda Deutsch's outfit that
day either. She was wearing the same color that Mr. Spector's wife was.
And isn't it amazing how three people the very next day wore the same
color that Mr. Spector's wife wore the very day before? Her outfit must
not have been that bad if three people such as Beth Karas, Sandi
Gibbons, and another female reporter all wore the same color the very
next day. Beth Karas wore a bright orangish/salmon color skirt outfit;
Sandi Gibbons wore a bright orangish/salmon color blazer, and another
blonde haired female reporter that was seated in the back row wore a
bright orange-pleated skirt. It is quite obvious you are not up on
todays fashion and styles.

Rachelle, Rachelle, Rachelle. I'm shaking my head here in exasperation. I guess I'm going to have to spell it out to you in more simple terms so hopefully you can understand why your trend setting outfits are inappropriate for court. The color is irrelevant. Do ya get that? Not a single one of these women wore skin tight knickers with a gold studs all over and a gold lamme top to court. It wasn't a good look. Maybe someone needs to remind you that your husband is on trial for second degree murder. Just because he's on television everyday, doesn't mean that's an opportunity for you to wear clothes that are best suited for a night club.

Over on the Court TV Phil Spector weekend thread, the big topic is Sara Caplan. Supposedly, Ms. Caplan hired a PR firm, has appeared on the KTLA live streaming video covering the case, and is considering writing a book about her involvement in the Spector trial. So much for Ms. Caplan standing up on her ethical platform. houdinisback (dini) wrote out for us what all the chapters of her book would be titled. Here it is.
Chapter One:
"I thought I might have seen this little white thingy, but I can't remember where?"

Chapter Two:
"That mean DA, Alan Jackson, twisted my head around with his compound questions and I didn't realize I had answered the question in a way that would implicate my former client."

Chapter Three:
"That mean Judge Fidler made me cry on TV."

Chapter Four:
"I haven't been able to take a vaction! wah wah wah!"

Chapter Five:
"That mean Marta Waller wants me to do her show. Well it's a start."

Chapter Six:
"What do you mean, I'm subject to recall? I don't remember hearing that?"

Chapter Seven:

Memo to Self: Fix that darned website and learn how to spell"accessibility."

Thursday, July 26, 2007

The "Producer" gets in the picture & Spray-on, day-glow orange

Tuesday, July 24th, 2007

Updated
I make an 11:34 am bus. but it's not until I get on the bus that I realize in my haste to print out more stuff off the web for court, I've totally forgotten to eat my lunch that Mr. Sprocket prepared for me this morning. Oh well, I'll have to freeze it when I get home. Maybe I can get something that won't be too bad in the cafeteria. Hopefully, they will have some bananas left over from this morning. As soon as I get to court I go directly to the cafeteria. I get a banana, some sliced, hard boiled eggs from the salad bar and a water. When I get to the cashier, I quickly spot ccarrolladams (CCA), and head over to sit with him. Not long afterwards, a pretty, petite woman with dark hair approaches us and says, "I'm looking for a woman with red shoes and long hair." It's Mrs. Doubtfire (Mrs.D) from the Court TV message boards, and we all introduces ourselves. CCA goes up to the 9th floor early, and I sit with Mrs.D while she tries to finish her lunch. Then we both head on up to courtroom 106.

Once inside the courtroom, I see CCA, but I don't see Dominick. I wonder if he decided to stay at his hotel and continue writing. He's usually here pretty early and one of the reporters asks me if I know where he is. He did tell me yesterday that he was going to skip the morning session to try to get caught up on writing he didn't finish over the weekend, and maybe he decided not to come. Then I see Rachelle. My jaw drops and I could have licked my instep. Just when I think she has worn the most inappropriate outfit to court, she outdoes herself again.

First off, she's got that fake hairpiece on again that doesn't match her real hair. You would think with all the money Spector's spending on getting his sweetie several pairs of Christian Louboutin shoes, (she's wearing a pair today) she could spend some on fake hair that actually matches the streaked dye job on her real hair. She's wearing knickers again, with a matching, very tight form fitting (think sprayed on) sleeveless jacket, the color of which I can only describe as day-glow or neon orange. There are gold studs here are there on the jacket and pants. The top she's wearing with the jacket looks like it's gold lamme, and she's carrying an oversize handbag, that also looks like it's gold lamme, but I'm not positive. She's wearing cream colored sheer hosiery with the knickers and the eight-hundred dollar shoes.

It's 1:30 pm, and I see Spector and Cutler hug and pat each other on the back. Trial watchers are arriving pretty fast. Dominick is still not here, nor is Rod Lindblom, the tall, black haired family attorney. I see Rachelle lean in and speak to one of her husband's attorneys. A minute or two later, Dominick arrives and several of the reporters give him a greeting. "He's here! He's here!" At 1:35 pm, we finally get started. The next witness, Gregory Sims, an independent film producer, was sprung on the prosecution just a few days ago. Somehow the defense found him, but the prosecution hasn't had enough time to adequately "vet" this witness. The defense gets to put him on, but the Judge also ruled that the prosecution gets to recall him if needed.

Rosen conducts the direct examination of Gregory Sims. Sims states that he's a producer of "high end, independent films," mentioning "Touch Me, Red Surf, and Suddenly Naked." Years earlier, he managed actors, one of them being Nancy McKeon who played "Jo" on The Facts of Life TV series. Currently he's focusing on the music side, managing an artist in Europe. He was subpoenaed to be here. Rosen asks him if "the lovely Tawni Tyndall" interviewed him, and he asks Tawni to stand up in the courtroom. Sims met the Pie on a film To Die For that it appears the Pie was actually in. The witness always knew her as "Pie," and that's how she's addressed throughout the rest of his testimony.


Sims makes an attempt to describe the atmosphere at the Backstage Cafe in Beverly Hills. "It's a very interesting environment. It's a "pub" for the industry. I pub-like friendly place." He's been there since the place opened approximately 1997, and knows the investors. He met Lana at Backstage in the late 90's. "She was the Pie's best friend, not mine," he says. They had a cordial relationship. It was fun. He's asked if he had a romantic relationship with Lana and we get a bit of news about Sims personal life. "I've been married up until next week, so it was totally platonic." He saw Lana infrequently at Backstage. While he would be in the States it could be as often as three times a month or only once a month.

Not long before Lana died, he was maintaining offices and occasionally living at the St Regis Hotel (now defunct) in Century City. One week prior to February 3rd, 2003 a group from Backstage came over to his suite at the St. Regis, (it's not clear if this was after the club closed for the night) and it swelled to a party of about forty people. The Pie was there for a time but she left. There were quite a few people there at this impromptu party. As it got later, everyone else left and Lana remained. It was just Lana and Sims talking. They were in the bedroom fully clothed, and he spoke to her for a couple of hours.

Q: What was she like?

A: At the beginning of the evening she was like the person I knew. As the evening wore on, she became somber, outwardly demonstrative, emotional. She talked about hating the business.

(I find it interesting that this is the third person for the defense who has used the word "demonstrative" to describe Lana.)

Sims goes on to say that Lana's conversation was tearful. She was talking about everyone being "M-F'ers." She was having a hard time. She had been drinking a lot and was repeating herself, saying the same thing over and over. Sims would not be pinned down though, as to what Lana was drinking. He recalls her drinking, but he doesn't have 100% memory as to what it was, only that it was alcohol. She was past the point of functioning clearly. She was intoxicated. She started to cry, and that continued for a period of time. She was unhappy with her place in the business. She talked about wanting children. A wish unfulfilled. She described her life as basically unhappy. She was generally a good person, a happy person. Sims states that this was a "several hours" conversation.

Around this point Rosen has a few of his questions objected to and the objections are sustained. Sims makes this interesting statement. "Even on the bed she had her purse with her." (This comment to me, is very staged.) Regarding the Pie's and Lana's relationship Sims says, "It appeared to me over a period of time that they were best friends. They had camaraderie. Lots of closeness."

"I saw despair. It was a bad night for her. She reached a certain level of sadness in her personal life. I'd call it hitting a wall (in her career)." Rosen asks him if Lana talked about any recently failed relationships. "There may have been something in the recent past. I'm not certain." Sims can't connect a failed relationship to a name, even though Rosen tries by offering up a name. "I thought she needed help to reach out to someone." Sims then states that the Pie had left the party early, but returned about 3:30 am for Lana. The Pie may have had someone who was driving, but Sims is not sure. Lana was reluctant to leave, but she did leave with the Pie. She was impaired when she left. She was having difficulty walking a straight line.

Rachelle and Plourd lean in to talk. Jackson and Dixon are taking lots of notes. The Pie had to assist Lana from the bedroom to the elevator. It was an awkward moment for Sims so he accompanied them to the elevator. Mrs. Clarkson leans in to whisper something to John Taylor, and he gets a fleeting smile on his face. Tawni Tyndall passes a note to Plourd.

Q: What was the Pie like after Lana's death?

A: I saw her go from a happy person to someone who had difficulty getting out of bed in the morning. (This was over a two year period. ) (snip) I know that "it" devastated her, Lana's death.

The problem I have with this statement, is that the Pie continually said she was not a morning person. I imagine she rarely got out of bed until late afternoon on most days. Jackson is sitting back and cracking his knuckles. I'm sure he's just itching to cross. Rosen takes a moment and picks up notes from Plourd and the table. After a few last questions, Sims says, "She was crying a majority or a good portion of the time." And then Rosen is finished with his direct. I'm surprised. Dixon gets up to cross this witness. (Then again, Pat does need to do some of the work. I can't expect AJ to do it all now.)

The witness asks for some water and there is a bit of a delay while that is obtained. Dixon questions him on when he spoke to Tawni Tyndall: July 19th of this year, less than a week ago. He talked to her by phone previously, and he also did an interview on Court TV back in May of this year. He's been producing independent films for 20 years. Dixon gets him to concede that this type of film production is a very risky business because no one may buy it after it's made. Then Sims says something totally outrageous. "The business has changed. Actors either make the minimum, scale, or they are making 30 million. There's no longer an in between, or middle group of employed actors. It is way tougher now than it used to be." When Dixon asks him about the ups and downs of the film business, and if struggling actors complain when things are down, Sims says that he's heard this from many people in his career. I note that along with Tawni Tyndall, Rosen's girlfriend is here today.

I lean in and write CCA a note to see if he knows this guy or has ever heard of this guy. He writes back, Never heard.

Sims says that it was really the Pie's relationship. Did he call Lana? No. It was not that type of friendship. He did call the Pie the next day to talk to her about the night before.

Q: Were you drinking?

A: Yes. We were all over 21.

I then write a note to Dominick. Do you know anyone who knows this guy? Dominick shakes his head, No. I see Tawni Tyndall taking a slew of notes. Sandi Gibbons comes into the courtroom. When Sims is asked why he appeared on Court TV he responds, "I had some bad information that if I was on Court TV, I wouldn't be called as a witness. I went on at the request of a friend, to round out a fuller picture."

Q: Did you call the sheriff's department, and tell them this "fuller picture" of Lana?

A: I just thought that I'd stay out of it.

Q: Until Court TV called?

A: That's correct.

handling it and I didn't want to be involved. I wasn't one of the central figures." Rosen gets up to redirect his surprise witness. He didn't call anyone at the District Attorney's office. He didn't want to be here. "I felt there were other people who were closer to it that were handling it and I didn't want to be involved. I wasn't one of the central figures." Rosen goes over the Court TV appearance, and it's now that we find out that the "friend" is Lisa Bloom, of Court TV.

(Kim, on her blog The Darwin Exception, writes a great piece on this days trial coverage titled, Who Has Lisa Been Blooming? I find this part of Sims testimony interesting ~and unbelievable~ that, with attorney Lisa Bloom as a "friend," and that he most likely also knew her mother, Gloria Alred, also a very capable attorney, this guy says he got "bad" legal "information.")

He received a message from Anne Hartmeyer from Court TV. They contacted him; he didn't contact Court TV. "Lisa Bloom was wondering if I would talk about my friend Lana. Lisa Bloom is a friend." He returned the call, and said at first he would think about it. Sims states that it was really more to talk about the entertainment business and the House of Blues since he knows a bit about that.

I take a peek over my left shoulder and I see Beth stifle a laugh. It appears she heard something funny while on her blackberry. Finally, the afternoon break is called. Beth Karas, Jackson, Dixon and a junior ADA all talk about the witness. Jackson, with a stern look on his face says, "I resent you, Court TV, for injecting yourselves into my prosecution!" Then he smiles and laughs. Jackson asks Beth jokingly, "Do you have subpoena power at Court TV? Did you subpoena him?" I go over to Sandi Gibbons and ask her if she's surprised about the neon orange outfit with the gold studs and she replies, "I'm not surprised." Sandi is talking with another woman, most likely from the DA's office about the child abuse cases involving priests. Evidently, the DA's office received some new evidence on one of their cases they're filing.

Rosen is back on redirect of his witness now. At the break, one of the reporters tells me that down at the other end of the hallway by the men's room, he saw Roger Rosen in the hallway, going over specific points with his witness. Maybe that talk in the hallway was to get Sims to be sure about the "day of the week." Rosen gets Sims to say that, "He knew Lana not days, but years."

Q: Did you know Lana to ever get that part or that type of success?

A: Not that I know.

According to Sims, "I never saw her that despondent or despaired in all the time that I knew her. There was no burning romance and she was not a happy camper in that department."

Rosen is finished with redirect and Dixon recrosses the witness.

Q: You said, "After Lana's death, the Pie couldn't get out of bed?

A: Yes.

Q: The foundation room is a private club?

A: Yes.

Q: Lana went to work the next day and went back to work for several nights in a row, correct?

A: Yes.

Rosen jumps up to redirect for a question or two and there's nothing more Dixon wants to ask. It appears that Brunon is going to call the next witness but there is some confusion about who is next and the jury laughs at the antics in the well. Next up is Detective Robert Kenney.

Kenney is one of the officer's from the LA County Sheriff's Dept. that went to Lana's house with Fawn and Rod Lindblom. Fawn said it had not been disturbed. She didn't say whether she had been inside. The officer's were checking to see if there was any connection between Lana Clarkson and Phil Spector. They were examined books and papers by Ms. Clarkson. Since she was the only one living there they assumed the documents were hers.

I miss what initiates it, but Brunon responds to the Judge, "You can trust me Judge. I'm a lawyer." The jury laughs a bit, but they are slow to respond. Fidler responds, "You should not the reaction in the jury box." Brunon tries to get the witness to agree that the officers were conducting a psychological autopsy of Ms. Clarkson, but he doesn't agree with that assessment. The laptop was taken into custody, but not the desktop computer because they were told by Fawn that it had not been used recently.

Q: While at the location did you note a 2003 date planner?

A: No, I didn't.

John Taylor, Fawn, and Donna Clarkson whisper back and forth while this bit of testimony is going on. I ask Mrs.D if she is going to try to come back to watch more of the trial and she nods, Yes. Now the officer is changing his testimony, (after reviewing his statement). The officer is now saying the Fawn may have been in Lana's little cottage because of the clothes. She noted that Lana had not been home (from work?). That's about it for this witness and Dixon steps up to perform the cross, and I see Spector staring straight ahead.

The officer states that they looked through all the documents at the cottage that they could find. "There was something that was laid out on the bed. I remember Fawn point it out on the bed," Kenney says. Jackson leans in to speak to Dixon, while the witness reviews his notes. After looking at his notes, the witness says, "Fawn mentions that it wouldn't be in the position it was in if she had been home. Dixon asks Kenney if the cottage was neat or messy, like in the movie The Wedding Crashers with pizza boxes all over the place. The courtroom laughs and Jackson chuckles too. (We know the place was neat and tidy; that's evident in the photographs the defense put up.) Dixon is done and Brunon starts his redirect.

Brunon keeps trying to get the witness to say that he has no evidence of how old those scripts were and who put the phrases on the refrigerator. There's no recross and the defense calls their next witness, Dr. Werner Spitz.

Werner Spitz is a legend in the forensic pathology community. He's coauthor of what some call the be all to end all of forensic textbooks: Medicolegal Investigation of Death: Guidelines for the Application of pathology to Crime Investigation, 4th Edition.
A world renowned forensic pathologist (for, according to him 54 years) he's currently self employed. He went to Med school first in Switzerland from 1946 to 1950. Then from 1950 to 1953 he studied in Jerusalem, Israel. He graduated there and received his MD degree. When an undergraduate, he worked summers in various hospitals in the labs. To become a pathologist requires several years of internship. Once an applicant has passed their boards for pathology, then it's still another year of training to get certified in forensic pathology. Then that 60,000 figure comes out for how many autopsies he's supervised or performed. Spitz describes "supervising" as, "Being in charge of training program in a supervisory capacity."

Dr. Spitz's book is held up for the jury to see. Dr. Spitz wrote all the trauma chapters. It's a world wide famous book.

Q: Is it an authoritative text?

A: I better think of it like that or all this work is for nothing.

It's not clear from my notes, but I believe at this point, we are done for the day, and thee is a little housekeeping to get caught up on.

Jackson wants to make sure that Dr. Spitz doesn't refer to all the items that have been ruled inadmissible in front of the jury. Lana's "life story," and Spectors "self serving" statements to police officers. There's a bit of silence in the court after that, and Judge Fidler looks on over at the defense and says, "Who want to respond?" Plourd stands up and says the defense wants to be able to reraise some issues that have already been ruled upon in the prosecution's favor.

Judge: The court is not going to revisit this ruling. It is unreliable, and it's not coming in.

Plourd: We are still pressing to ask for the jury to see Spector's home.

Judge: We are going to make sure that noting is staged at the house.

Fidler mentions the OJ Simpson case, as an example of staging for the jurors. Jackson wants to see the scene before he agrees. (Although Dixon has been to the scene years ago, Jackson has not.) Rosen then stands up to tell the court that they never received "everything" from Lana's laptop hard drive. Jackson says that as far as they know, an "image" was taken of the hard drive and passed onto the defense, but he will recheck to make sure that nothing was missed. And that's it for the day.

Entering the elevator going down, there was a slender black man who greeted Mr. Dunne and they chatted for a bit. It was Carl Douglas.

Tuesday, July 24, 2007

How to number teeth, Dr. Lee Stand In #2, And...... The Prosecution Rests

Monday, July 23rd, 2007
This is an unedited draft entry.

I catch an 8:05 am bus. This means if I'm lucky I will get on the 9th floor by 9:15 am. I grab a seat in the front. Several people are napping or trying to with their heads leaned back and eyes closed. I know the feeling. I barely had four hours of sleep last night. Up too late because Mr. Sprocket was trying to get a new lap top to work with a specific palm pilot he needs for his job that will run tests on these big expensive Honeywell thermostats. No luck. Mr. Sprock is like a dog with a new bone when it comes to anything electronic. He can't put something away and work on it later, so he's up until the wee hours of the morning figuring out the problem. He will have to take the laptop back and get one that is loaded with Windows XP, instead of Vista. The palm pilot won't work with Vista, and the configuration of the computers that have Vista, won't let you load Window's XP on them. So last night, he was not a happy camper.

It's quite muggy out this morning. When we finally got up, we found a light misting shower was already under way. It's been months since Southern California has seen rain, and I had to get a few items undercover of the patio.

On the bus, I have an Uh-oh moment. Last night, I had wedged my large metal letter opener inside my trial notebook, and I never took it out. This means I'm going to have to abandon it to a trash if I want to clear security at court. Sad, because I've had this one for a long time, back to my banking days. As I exit the bus, it goes in the nearest trash can. I brought an umbrella today, just in case. The bus is totally full now, and a few people are standing. It's usually the ride home where I have trouble getting a seat. When I get down to the Red Line station platform, it's empty. I just missed the 8:29 am train.

Finally on the next train, I peer through the windows as the train switches to the southbound track. I am able to look back for a moment and see some open spaces in the tunnels for the first time. Tucked back into one cubby hole, I spot a mid-sized truck parked like it belonged there all the time.

As soon as I get on the 9th floor, I head straight for the courtroom. I see Spector and his deal-of-the-century wife are already in the courtroom. Rachelle is actually wearing something more court appropriate for the second day in a row. It's a long plaid skirt with a bit of a pleat of some sort at the bottom back area, and a black velvet jacket with a mandarin collar and large silver buttons. Have I mentioned she's getting a "killer" wardrobe out of her deal to be arm candy on the arm of a man who could easily be her grandfather? The only problem is, too many of these outfits are totally inappropriate for a murder trial. Her hair is pulled back into a ponytail (the only look I've seen on her that is actually somewhat acceptable for her hair). It's been heavily rumored that the two bodyguards that come into court every day hate Rachelle with a passion, because she often sends them off to do menial errands for her. (At the time I wrote in my notebook about her wardrobe for this day, I honestly thought that "maybe" she finally "gets it," but my thoughts are short lived. The very next day she comes to court in the worst outfit I've seen yet. I can't even print what Dominick said about it. Stay tuned for my upcoming Tuesday coverage where I will describe this latest piece of work she arrived in.)

John Spano of the LA Times is back. Peter Y. Hong is wedged in between him and Harriet Ryan in the back row. CAA notices that there is a "new and improved" still photographer today. It's 9:27 am and we are wondering if Cutler is going to show like it's been reported in the press. A few minutes later he strolls right on in. Dixon says to Plourd when he enters, "Hey! Nice Haircut!" I see Bruce and Phil greet each other. The bailiff comes over to the row behind us and makes one of three interns spit out his gum. A woman I've seen in the courtroom very early on, (I think she used to work for the court in some capacity) Jeanne, greets Linda Deutsch and they hug. Rod Lindblom, the black haired family attorney turns around to greet CCA and asks how I like the Magic Castle. "I loved it!" I reply. John Taylor, the other family attorney says to me, "I read your posts. I liked it very much." "Thank you," I reply. He then tells CCA he reads his posts too! CCA tells Rod he will get him some free passes to The Magic Castle.

9:35 am and I see the Asian transsexual is back in the courtroom with her female friend from before. They come in and sit in the back row. The odontologist, Josesph Anselmo is back on the stand, and Plourd continues his direct examination. Unbelievably, he's describing how crowns are put on. I can see this is going to be just another "stellar" day of testimony for the defense. How is this relevant? I'm sure everyone was just on the edge of their seats waiting to find out how dentists number teeth. I can't believe that Plourd subjects us (again) to a blow up image on the Elmo of the mouth with that device that pulls the lips back every which way. Ewwwww!

I see that Miriam Hernandez from local ABC channel 7 has snuck in the courtroom and is sitting in the back row by the door. Alan Parachini is here in the corner by the pool photographer. Then suddenly, John Spano takes off, carrying his laptop case. The odontist says the tooth material in vial #10 was "lost," but he's very vague about the fact that he was the one who lost the material. CAA leans in to tel me about another word I've misspelled on one of my blog entries. I'd really like to hire him as my editor, but I'm afraid I can't afford him lol! Fawn leans in to whisper to John Taylor. There are a few more questions then Jackson finally steps up to cross this witness.

Jackson gets the odontist to admit that porcelain is harder than any other substance, material in the body. Harder than human bone. He testifies that it is extremely hard, yet also brittle nad will shatter. 9:50 am Brunon enters the courtroom and sits beside Rachelle in the front row. Jackson asks the witness if in his opinion the muzzle flip of the gun caused the crowns to shatter. That's about all Jackson asks, and Polurd tries to redirect his witness. Anselmo admits that he doesn't know anything about "muzzle flip, and that's it for the teeth guy.

There now is a bit of confusion in the courtroom as to which witness the defense is going to call next. Several court clerks or interns come in and immediately start taking notes. Next up: Stuart James. Linda Kenney Baden directs her witness. As we soon find out, Stuart James is a consulting forensic specialist. This is the second blood stain analysis expert the defense calls as a stand in for Dr. Lee. Unfortunately for the defense, he's not a doctor, he doesn't even have his masters, he just has a bachelor's degree. He's basically a hired gun who gives classes, lectures to other academics who are actually in the field. And, he wrote a book with his business partner. Rosen turns his chair completey around and discusses something intently with Plourd.

I look over at Steven (who writes these great pieces on the trial for the LA Weekly) and he looks soooooo bored. Rachelle is having a hard time keeping her eyes open. I can't imagine she enjoys being here. Brunon has a notepad on his lap and is takin notes. Plourd is flipping through some papers and a thick stack of files. A juror yawns and I yawn reflexively. Beth Karas enters the courtroom and takes her usual seat by the camera operators. She has on this gorgeous sea foam suit and matching knit top. It goes perfect with her blond hair.

As the "expert" (cough) talks on and on about his books and taching, CCA keeps shaking his head. CCA says his educaton was in tiny third and fourth rate schools and he mostly taught others. It's 10:25 am, and Linda Kenney Baden is still going over his CIV! Rashelle is still struggling with staying awake~maybe she was up late last nght~and her arms are crossed over her chest. One juror appears to be a bit jittery wile this expert is going on and on. The juror is shaking the foot of their crossed leg and twiddling their pen. The witness tries to engage the jury, but I don't see, at least from my perspective that they are hanging on every word like they were with Dr. Herold. The jurors don't appear to be taking much in the way of notes.

Two salt and pepper haired gentlement come into court. One sits on the defense site, The other manages to find a seat in the back row on the end. I watch Beth scribbling notes as fast as she can. She has an ear piece connected to her blackberry and is usually on it, but now, she is taking extensive hand written notes. Maybe she is writing down what someone is communicating to her over her blackberry. Another somber faced gentleman with pepperd hair in a blue suit enters the courtroom.

Finally, the morning break is called, and Jackson speaks with Stuart James about blood spatter. I try to make a guess about the men who came in after court started. At first, they didn't look like friends of Spector; I thought they might be more investigators. But later, I change my mind and think that they might be. Jackson compliments Dominick on his "power tie" he's wearing today, and say's he might want to borrow it. From my understanding, Dominick's tie collection is legendary. I agree with Alan, it definitely is a power tie. I overhear a bit of gossip about Spector's former assistant. She had six kids with four different men.

11:05 am and we are back on the record. When the jurors reenter the courtroom, juror #6 goes over to the witness stand and fixes the microphone! I actually miss this bit of juror activity because I'm trying to quickly read something Dominick has asked me to look at and give back to him. I find James' testimony boring. All this testimony about what he teaches...who sporkin' cares? What has he actually done in the field? How long has it been since he's worked an actual case?

It appears that Court TV has actually located the shelf at the university where Henry Lee's original dissertation rests on. Yep. That's it. The shelf location, lol! However, they are so short staffed over at Court TV, they can't send someone over there to go get a copy. We find out that with graphs and diagrams, it's only ninety-nine pages. CCA says that most are at least three hundred pages. Personally, I wouldn't know.

CCA leans into me and says exactly what I've been thinking. How many crime scenes has James processed? When the witness testifies that the proper procedure is to cut out the carpet and take it back to the laboratory, I lean into Dominick and say, "This is all BS!" HE smiles and chuckles. I look around behind me and I see I've missed Sandi Gibbons entering the courtroom. James then says that, ~as if it's of any importance! "My lab preceded ASCLAD." (This is the governing body that sets standards and certifications for crime labs across the US).

AJ looks to me like he's lost weight. I bet the number of hours he putting into this case are astronomical. I see Plourd motion to Rachelle and she leans in to hear what he has to say. Detective Tomlin enters the courtroom and sits in the back row. I'm so bored. I just decide I'm not going to write another note until AJ's cross, but then, Rosen gets up to pass a note to Linda Kenney Baden. So, I decide to watch the jurors. Most in the back row are leaning back in their chairs and a few are rocking. There is a spatter image on the chair and a few jurors are leaning forward now to see better.

A man with wavy white hair enters and sits along the back row. It's a different one that the usual one I've seen who comes in to support Spector. This guy has on a very bright yellow shirt covered with small images of fruit. Now there is something new on the Elmo! It's a photo of all the defense experts examining the jacket at possibly the ME's crime lab. There's Dr. Lee in the photo, and I wonder if this is all that the jury will see of Dr. Lee. CCA writes me a note: The defense experts are all quoting each other. Ten minutes to go. Seven minutes to go.

Steven took off at the last break after asking a question of Chris Plourd. Steven not only covers the high profile celebrity crimes beat, he also does local theatre reviews. Five minutes to go. It so quiet between exhibits, we can hear the clock ticking. Someone from the DA's office comes in and sits beside Sandi Gibbons. The clacking of the keys on the laptops seems louder than usual today. Finally! Judge Fidler calls the lunch hour three minutes early. Before we even exit for lunch, CCA wishes he could cross examine James himself. Dixon and Rosen are at the bench, but it doesn't seem to be something that is on the record, because the court reporter is not recording what they are saying. The fruit shirt guy is talking to the bodyguards. I finally ask Ciaran where I can read his coverage online. He says that local NBC channel 4 usually has his stuff, but it's without a byline. Other local papers will also have his coverage without a byline such as the Whittier News and the Pasadena City News.

Finally back in the courtroom, I hear the last part of a conversation where Rosen is saying to someone in a joking manner, "I don't want to cause any trouble," and Dominick who is just entering the room says, "I do!" Rosen and CCA exchanged quips about the rain we had this morning and how it is pouring in New York right now. Dominick asks me, "Did you know that Michael Bay is John Frankenheimer's son?" And of course, I don't know this, because I don't follow Hollywood or this type of news. Dominick reads the various web blogs I've printed out for him. He tells me that when he went to see an episode of "Jury Duty" being filmed, that they were already taping their 65th episode. I find that amazing. CCA chats with Peter Y. Hong for a bit and the rest of us wait for court to start. CCA confirms for me that the "name for the area of the court where the attorneys are is called "the well" of the court. I had always wondered what the term was.

The regular white haired guy is back and the two guys from this morning are now all sitting together and chatting in the second row of the defense area. Fawn's friend is here for the afternoon session. I've seen her at the Red Line station. CCA gets the family attorneys to sign a copy of their wrongful death filing he got off the net. Looking on over at Spector, I see he is currently animatedly talking to Cutler. His eyes are wide open and his arms are moving about, and then he places his hands on his cheeks. CCA points out to me that AJ has a marked up copy of Stuart James' book at the prosecution table. The courtroom is empty compared to the morning session. " Talk about blood spatter, and you sure can empty a room," CCA says.

We're finally back on the record, and Linda Kenney Baden continues with the direct examination of Stuart James. I give myself a mental note to get more notebooks. Rachelle talks to a man I don't recognize who is sitting in the first row. Maybe it's another defense expert or a defense assistant. The defense is now up to "10" A's for their exhibits. that means it's the 234th document/exhibit that the defense has presented. This group of jurors are usually quite stoic, and are often hard to read. Currently, they don't look like they are hanging on the witnesses words. That could be because they've heard way more about blood spatter than they would ever want to know by now. A juror coughs, and the judge looks over to ensure everything is alright with them.

I see the person by Rachelle is taking notes. So this must be someone who works for the defense team. Several jurors are leaning back and stretched out, getting comfortable in their seats. I didn't need my sweater. It was just right in 106 this morning. Detective Tomlin exits the courtroom. A tall young man comes in right after with what looks like to be a thick wad of appears and he takes a seat by the door against the wall. It's 2:00 pm. Linda Kenney Baden is finally done with the direct of James, and Jackson gets up to cross.

Someone with two young kids, preteens or just barely teen boys, are sitting in the back row by the door. A juror looks out at the gallery and has a smile/laugh when the witness bumps the microphone. Spector is slumped in his chair. Elbows on the arm rests, hands interclasped and resting in front of his face. The two guys who came in this morning and sat on the defense side leave. Jackson uses a new green laser pointer and says, "Birthday present." Judge Fidler gets a smile on his face and shakes his head.

AJ then leans in and tells the family about photos that he's going to put up on the Elmo. Fawn closes her eyes and Mrs. Clarkson looks down. And for some reason, as I see these photos of Lana again, my eyes start to well up with tears and I feel quite sad.

Another trial watcher, a rather large woman who's been here once before enters the courtroom and sits beside Linda Deutsch. Last time I saw this woman in court, she was sitting right behind Fawn and actually leaned into her to ask her a question. I was quite surprised because all the accredited press knows to not approach the family.

Those two kids are still sitting against the back wally and have obviously been "parked" in the courtroom. Since I no longer see the woman who was squatting down beside them for a moment when they first came in, I'm wondering where the boys parent/guardian went, and why in the world she would park them in a 9th floor courtroom, where all the cases are murder cases. Beyond me. 2:40 pm, Detective Tomlin comes back in the courtroom and five minutes later, the afternoon break is called.

CCA finds out from Peter Y. Hong that Henry Lee's dissertation was on E. Coli. At 3:05 pm, the jury reenters the courtroom and we go back on the record. Dominick and I talk a bit about the jurors. There is one juror who we think is a real gentleman. Dominick thinks he has the "air or aristocracy" about him. This is the juror who always hold the little gate door for the rest of the jurors to walk through when they enter or exit the courtroom. Regarding the blood stains on the chair (that James thinks is going on about right now) CCA feels that the padding on the arm of the chair would absorb the blood, and not be the source of the spatter that James testifies could be satellite spatter. The courtroom is even more empty now, and the kids have been picked up. Rachelle is now sitting alone on the defense side and Brunon has been missing since I think the morning break.

I've never seen a witness tap dance around something so obvious as committing to where Lana Clarkson's head was in relation to the chair. Oh Goody. He actually commits to her head being over her body. I have to commend Ciaran, a very serious and competent reporter. He's taking copious notes all through this crap. Dominick and I barely write a thing. A few jurors look out at the gallery. The most important part of the cross is, that Jackson gets James to place the white jacket within two feet of the face of Lana Clarkson. Back on redirect, Ms. Baden asks questions about the arm of the jacket, and if it could be in a strange over the head position, and her witness readily agrees. Jackson recrosses James with one or two questions and then finally at 3:30 pm, this witness is off the stand.

The prosecution now presents their last witness for their case, Detective Tomlin, and Dixon performs the direct examination. Tomlin states that he was in control of the evidence. Rosen takes notes at the defense table. This is all about the lost piece of evidence by Henry Lee. Tomlin is here to get the final nail in the coffin that the prosecution never received this missing evidence. At first, I think this is foundation for Stan White, and they are still going to try to call him. Tomlin states that they didn't receive anything that looked like a small white object with irregular edges. He also states that he didn't receive any tape recordings from Tawni Tyndall either. Dixion has no more questions, and Plourd gets up to cross Tomlin.

First off, Plourd is asking something about the piece of carpet that was collected by the defense team. Are they really goin in the right direction by questioning the fact that the criminalists didn't collect the carpet? This is so sad this cross. Tomlin puts it into persepective by saying that they try their best not to tear up people's homes when they collect evidence. As I look back towards the courtroom door, I see waht I think is a sheriff's face, peeking through the tiny window in the door. Plourd is done with his cross, and Jackson redirects.

Q: You were present when the house was turned over (to the defense)?

A: Yes.

Q: Were they wearing booties?

A: No.

Q: Did you ever get that small white object?

A: No.

There's no recross, and the prosecution rests, without calling Stan White. The jury is finally excused, and there is a bit of court business that has to be dealt with. Since there already was a dark morning scheduled for Tuesday, all parties agree that this would be a good time for the defense to present their standard eleven eighteen motion to dismiss. This is a standard motion that happens at the end of the prosecutions CIC, and it's all done for any possible appellate issues. It's thought that this will only take an hour, so court is adjourned until 11:00 am tomorrow. I decide that I don't really need to see this, and will just come for the afternoon session. CCA and I take the Red Line home. The time goes by quickly as we discusss the merits of the case and how boring the testimony was today.

Once I get a seat on the Orange Line bus, one of the things I wonder about is, how does the family sit in front of me day in and day out? How did they tolerate those two supposedly "friends" of Lana lie and lie and lie about their loved one? How in the world were they able to sit there, through all that wretched crap the Pie and Jennifer Hayes Riedl spewed? Would I have been able to sit there, if I were ever, somehow in their shoes?

It's like I so wanted them to make a demonstraton of sorts. To stand up in the middle of it all, and turn their backs on the Pie (and/or Jennifer) and walk out. Or release a statement to the press through their attorney. Say something in response to how Lana was slandered on the stand. I don't know that I would be able to remain silent, but then again, I am not living their pain. I know ther are some who feel that it's "not right" that Donna Clarkson and her daughter sit beside their attorney's every day in court. But personally, I find it hard to fault them for that. They've chosen not to speak to the media and that is their right. I see their attorneys as more of an insulation between themselves and the press, and maybe, if I was in their shoes, I would want the same thing. So it's hard for me to put a judgement on that decision.

I almost forgot. I would like to give a shout out to a blogger in London, England, Anthony Samuelson. Anthony blogs about his life and interests. He took a break during some of the trial but lately, he is back to including coverage of the Spector trial. His blog is called, The Life and Times of Anthony Samuelson. Please stop by and take a look.

Sunday, July 22, 2007

Blood Spatter: James Pex as a stand-in for Dr. Lee

I just miss an Orange Line bus, but the overhead streaming ticker says there will be another one in less than 2 minutes. I doubt I'll make the 8:19 am Red Line train, but one can hope. My bus is a little more than 1/2 full. As you can see by my prior entry, we had a great time at the Magic Castle. As I ride the bus, I try to take notes on the evening so I can write about it. It's 8:15 am, and the bus is nowhere near the Lankershim station; it's still two miles out. I won't make the 8:19 am train. (As I start to write out this entry, I realize that I have portions of Babydol's Wednesday's appearance at court, embedded in Tuesday's entry where her attorney showed up briefly, and I have to stop and take time to correct that entry.)

It's 8:25 am and I'm got a seat on the train, waiting for it to leave on time. It's really stuffy in this car, and I watch people on the platform rushing to find a car with empty seats. For the very first time, I hear the conductor say, "This train will be leaving in one minute." At the last second, a man gets on with a child who starts to cry. On my Monday ride home, there was a young mother with a delightful baby~I couldn't even guess how old, maybe eight to nine months~ who I played peek-a-boo with. She hand a good time and her facial expressions were quite engaging. The baby with the man who just got on the train finally stops crying and I heave a sigh of relief. I'm still fascinated by the tunnels, and when the train takes off, slowly switching to the southbound track I get up close to the window to peer out to see if I can learn anything more about them. There are two sections of the route where the train reaches about 70mph, the first section coming after the Universal Station as the track heads under the mountain down into Hollywood.

When I finally reach the 9th floor, I don't see anyone in the hallway so I head on into the courtroom. Louis is here with his longtime companion and I get to introduce them to ccarrolladams (CCA) and houdinisback (dini). It appears court is delayed a bit while the attorneys are in camera. CCA, dini and myself chat about "doctor" Lee and other impostors. At 9:40 am, the attorney's emerge from the Judge's chambers. I see the woman with the angular face over on the defense side again. Now I realize she probably isn't the Pie's friend, but someone associated with the defense, maybe Tawny Tindle's investigative business. I see that Linda Kenney Baden has on another suit jacket that doesn't fit. I don't get it. This is a very smart woman, and I wonder if she just doesn't care how she appears in court or on camera in front of millions of people. Another big shocker is Rachelle must have gotten the memo (or is listening to her critics) because she's actually wearing something more appropriate to court. It's a tan pants suit with a similar tan colored shirt. However, I still can't say anything positive about her hair. It remains to be seen if, on Monday how conservative her outfit is, or if she develops a case of the Pie, and forgets where she is every day, thinking she can wear something more appropriate to a club scene verses a courtroom. I see a gentleman trial watcher who's been here quite a few times before. I first met him at the Blake trial where we had several conversations about whether or not he thought Blake was guilty. He didn't feel the state proved it's case in that trial.

James Pex is the sixteenth witness for the defense and the fifty-first witness in the entire trial. Linda Kenney Baden steps up to direct this witnesses testimony. We immediately find out that this is a blood pattern analysis expert, who wrote a paper back in 1987...talk about remote..and Baden immediately goes over his CVM and education. It's going to be more boring testimony today, and I settle in to try to get the motivation to write more notes on the witnesses long career in Eugene, Oregon and what he thinks about blood spatter. I overhear Dixon ask Jackson where is Steven Dowell? It appears the prosecution would like to have him in the courtroom. The woman who had pages of my blog is sitting over on the defense side again, wearing another conservative dark colored suit. The witness is now testifying about his education and training and that he's testified as an expert before. I pass this note to dini and Dominick: The prosecution is hampered at the moment. One of their experts is not here; Steven Dowell. I heard Dixon or Jackson ask where he was. Pex was a police officer before he transitioned into a career as a criminalist.

Rosen takes some notes, or he's doing something else and Brunon is dong the same thing: taking notes. Spector has that same blank state. The witness is now explaining about luminol, something we've all heard about before ad nauseum. "The entertainment show do a great job of making the science interesting," he says. He's got such a wide range of subjects he appears to be an expert on, that I write this note: He's a one stop shop expert! And then I show the note to dini who writes back, "All around CSI." It's 10:05 am, and we're still going over his expertize and experience. This guy has written and published on luminol testing, but it's almost twenty years ago. I finally realize why I'm so cold in this courtroom. I look up. I'm almost directly underneath a supply grill, way up in the high ceiling.

Now the witness says something about blood spatter on carpet and I write this totally stand alone note: BS!! It (blood backspatter) will absorb into the carpet! Pex testifies that the photographs the police took "were of poor quality and there should have been better photographs taken of Lana's hands." Pex is also a bootie fan. He says that booties should always be worn, and that luminol isn't good to use to find tiny droplets of blood. It's not a proper technique to look for spatter on carpet. In looking over at Spector, it appears he's looking back at the crime scene images on the Elmo. Now the witness is talking about the laws of physics, and his testimony is in total contradiction to those laws.

Rosen continues to take notes, and right now Spector appears to be staring straight ahead at nothing. Some jurors take an note here or there, but most are not taking notes right now. Pex has a problem with Stokes law. He doesn't think it totally applies to backspatter. I think this witness has lost the jury. Just what I'm sensing right now.

at 10:35 am, I look on over and I see Babydol by the courtroom door. Just as I lean in to tell Dominick, I don't see her. She either stepped back out of the room or she sat down on a bench but I couldn't tell where. (The real reporters however, get a real good look at her, even noticing she's got a barbed wire tattoo on one of her ankles.) Babydol's attorney approaches the bench and the prosecution and defense step up to the bench with them.

The morning break is finally called. The Judge performs some housekeeping and we get to hear the Judge read Madam Jodi "Babydol" Gibson and her attorney the riot act. She's not allowed to speak to the media and mention Lana Clarkson, or this case in any way, shape, or form. If she defies that order, she will be in contempt of court and subject to penalties. Rosen in the middle of all this, is not prepared to say that Spector won't testify at this point, so that's why the Judge's order goes into effect. If Spector testifies, then Babydol might be called to the stand. Her attorney, possibly his brain left in the company of the Pie for too long, asks, "Well, what if in promoting her diaries someone points out or asks about Lana Clarkson’s name?" And, just like he might have been admonishing the Pie or a twelve year old, Judge Fidler has to explain it to him that she has to say she's sorry, she can't discuss that while the trial is ongoing. The prosecutors then make a decision to ask the Judge to make sure that Babydol's "trick book" is not mentioned in any potential interviews, and the Judge says that all documents are included in that order. Then, Babydol speaks out about the accusations by the prosecutors that her "trick book" has been altered, forged, saying that "It's been in the custody of LE since 1999," taking umbrage with the accusations. Fidler basically ignores her, telling her that's for others to deal with. He's only concerned with his courtroom, and this trial. Then Babydol's attorney pipes up with basically the same complaint and Fidler shuts him down, too making sure it's clear that that this courtroom is not the place for that. With this little bit of business over with, we are back on the record.

Dominick leaves the courtroom for a moment and comes back to tell us that he got a great greeting from Babydol. "Mr. Dunne! How are you!!!!" Is what Dominick tells the rest of us she said. Rachelle and Rosen whisper to each other. I don't know who says it first, dini or CCA, "To go from Stokes Law to "Pandering" law, and dini and I crack up. I then pass this quote onto Dominick. Another bottle blond I've never seen before was in the courtroom and at the break, she greeted Rosen and Plourd. The white haired gentleman who is often in court sitting on the defense side arrives. Rachelle is intently working on her blackberry, and someone brings a package to the prosecution table.

There are about five people on their laptops in the back row. The LAist.com blogger is one of them, along with Linda Deutsch's protege from the AP, Peter Y. Hong, Harriet Ryan an Michael Christensen. The witness makes a little demonstation on Linda Kenny Baden and she takes the two steps up on the witness stand platform and the judge asks, "Would you two like a moment together?" And the entire courtroom erupts. Rosen turns back to look at the gallery, but he could actually be looking at Linda Kenney Baden trying to get her attention. Pex is now saying that there are no procedures to actually identify blood under a microscope at 64 magnification, making a criticism of Dr. Herold's visual blood identifications on the clothing. (What planet is this witness on?) I see Jackson is taking a ton of notes in preparation to cross this witness. Pex says it again, that there's "No procedure to identify blood under a microscope at 64 magnification. Pex is all over the map with his opinions. From ballistics to blood spatter, back to ballistics then back on blood spatter again.

It's 11:20 am, and I am literally freezing. The testimony is so boring to me. It's the same thing, over and over. Once I first heard about backspatter and GSR at the Blake trial, everything since is just a repeat. Brunon gets up and leans over to his clerk (the one who I saw had a print out of this blog) and speaks to her. She immediately leaves to courtroom, off to run an errand for him. 11:25 am, finally Jackson gets up to start the cross off this witness. I clerk who got up to run the errand comes back and speaks to Plourd. Jackson is on top and out of the box with his first questions on cross. Several court or DA interns enter and sit behind us.

Q: Should you cut out the entire carpet of the foyer?

I don't write down the answer, but just the question itself says it all. Jackson gets the witness to admit that the procedures Steve Renteria used were what should have been used. He can't find any fault with them. Jackson then takes the witness through a second demonstration (the first one was about blood) regarding the tazer wire under the feet. Using Dixon as part of the visual experiment, he kicks a cord he places on the ground under Dixon's shoes.

The noon recess is finally called and all six of us (me, Dominick, dini, CCA, Louis and is friend) have lunch in the cafeteria together. It was hard to keep track of everything since there were several conversations going on at once. 1:35 pm we're back on the record, and even though it's only half full, the courtroom is quite a bit warmer now. I see Chris Plourd quickly leave. At lunch Louis said that Dante has been to trial four times. "He's had a harder life than I had," he adds.

Jackson goes back over the luminol in the bathroom, and then jumping onto intra oral gunshot wounds. Pex believes, "Stokes law has limited application in this case instance. It doesn't apply when the object is propelled and traveling horizontally." He's got to be kidding, right? The backspatter is not being "propelled." It's under flight. I'm a totally useless trial reporter today since I'm starting to fall asleep. Plourd is back and forth, in and out of the courtroom. Now we are back discussing Lana's legs. Pex concedes that there was no blood found on Clarkson's legs or below her slip mid thigh. Jackson gets up close to the witness like Baden did to make a demonstration and Baden interjects, "That's my spot," and the rooom erupts in laughter once again. Jackson crosses him on the paint spray can, (CCA explains that you can not compare paint to blood because paint has oils added to keep them from drying quickly) and then we get the pancake batter in the ladlr example. At every point, Pex has to put caveats on his answers. I note that Ms. Baden has not made one objection yet, except as a joke. Sandi enters the courtroom and we exchange a smile. Every few minutes, I'm yawning, and I'm fading fast.

Jackson bring up the "absence of evidence" point, there's then a joke of some kind and the jury laughs. The witness says, "I'm not sure where you're going with this." "Story of my life," Jackson quips back. The questions then jump back to the blood on the sleeve and what Pex would expect to see. It's 2:20 pm, and Rachelle's huddled under her blankie. Her eyes are closed. When Pex replies to one of Jacksons questions with, "Your anatomy isn't too good," the jury laughs and Rachelle wakes up. The witness is leaning out of his chair, and the Judge asks him if he wants to get up. It's funny and wakes up the courtroom a bit. Pex bemoans, "The problem I'm having is, I've never seen the jacket." Jackson says, "I would have provided them but you're not my witness." Although the witness isn't conceding much with his answers, Jackson still gets his points across. Jackson takes a moment to confer with Dixon and I see Plourd get up to speak to Brunon who are looking at exhibits on their computer, and then Jackson ends his cross.

Ms. Baden gets back up to redirect. It's so hard to listen to her. She's screeching again, raising her voice. I agree with my seat mates. She's very nice in person, but I can't stand to listen to her either. Around 2:40 pm, I see Spector's hands shake for a bit then stop. He's in his usual position of slumped in his chair. Dini leans in and whispers to me that she wonders if Pex was the criminalist on the Christian Longo case. Very few jurors take notes on this redirect. I do see a juror in the front row take a few, but one alternate doesn't even have their book on their lap. Pex now testifies that, "There are other laws of physics more applicable than Stokes Law." So he's totally disregarding the importance of Stokes. And then he tries to say that luminol may not be seen if the drops are tiny enough. The afternoon break is finally called. I saw Jackson lean in and talk to the family, and I was trying my best to listen in. He may have been asking them about the Pie's testimony.

3:15 pm break is over, and we're back on the record. Ms. Baden is back on redirect. Beth Karas writes a note and passes it to Dominick. Fire or explosion @ Grand Central NY. Lots of panic. Then more information: A transformer at 41st & 3rd. Dominick is worried because his NY apartment is not far from there, and he wants to go call his office to see what he can find out. After just a few questions, Jackson gets back up to recross.

Q: I just have a couple of questions.

A: You said that last time.

There's a bit of laughter when this happens. Jackson goes back to the "cone pattern" that is pretty much accepted by the science community as to how backspatter is ejected. And he asks the witness, "The farther away, the bigger the cone (from the point of origin). And Pex at least agrees with this. "That if the person was father away, the spread of the cone would be to the shoes or bigger," Jackson says, and Pex agrees again. Finally, Pex agrees that the ladies white dinner jacket had to be in the near vicinity of Lana's slip. Back and forth the cross and redirect goes for a bit. In one redirect, Baden is trying to get her expert to say that one tiny stain on the jacket cuff/sleeve is a transfer stain, and not spatter. Finally! We are done with this expert!

The defense tries to call their next witness, Sam Sedra, and the prosecution asks for a sidebar. After the sidebar, this defense witness is excused; they don't get to call him. Next up, Dr. Joseph Anselmo, a retired oral surgeon, dentist and forensic orodontist. He retired from the LA County coroner's office in 2004. I write this note to Dominick: Maybe this is the guy who lost the teeth in the lab? After a few more questions, it turns out it was a good guess, and Dominick says to me, "You were right!" About the only other thing the witness says is that he obtained Lana's premortem dental records, and that's the end of testimony for the day. The trial resumes Monday at 9:30 am.

At the entrance to the Red Line Station, I help a woman find the North Hollywood train. "Follow me," I say, and when the train comes we sit together. She was just downtown for one day of jury service. She said the trial she was called for would have lasted 50 days and there was no way she could have served. I talk about the Spector trial, how often I've been coming, and that there's still a month to go. At the Orange Line connection, I get a seat in the very back of the bus. It's usually packed on the way home. All I can think about right now, is to get my jammies on and fall into bed. Dini is thinking about coming for the closing. I hope she can make it.

Saturday, July 21, 2007

The Magic Castle & The LA Weekly

I've known about The Magic Castle almost as long as I've lived in the Los Angeles area, but I've never been. I was always under the impression you had to know a magician to get in. C. Carrol Adams was our "magician" last night.

First off, when ccarrolladams (CCA) extended the invitation, I didn't think my husband would go, seeing as how he would have to wear a jacket and tie, and have to get off work at least three hours early. But to my surprise, he said he would. This meant that not only did I have to find a skirt for myself, but I would need to find a pair of dress pants for Mr. Sprocket, as well as a tie, and try to get the car washed. I don't get home in time from court to make the car wash. I'm hoping I can get that done, tomorrow.

I took the jacket he had with me to Macy's and just asked a salesman for help. I knew the pants size he needed, and I wanted to get a good tie, to bring all the colors together. After struggling with finding a pair of pants that were not too expensive and had a front pleat, I head over to the tie guy. Macy's had a great tie man, who was able to find something conservative, with all the colors of the jacket, pants and shirt. Thinking a big part of my shopping is out of the way, I head to the checkout only to find that Macy's entire computer system is down and they can't take a charge. And, they don't know when it will be back up. They can't take a check either because they can't verify it. I have zero time to go find an ATM, because I need to go to an entirely different mall miles away to shop for a skirt for myself, and it's already 7:00 pm. I plead with the cashier, to try to get a phone verification approval. About 20 minutes later, she's able to finish the transaction.

I get to the other mall, and look at black dresses. I found a nice style, but I wasn't thrilled to wear a sleeveless dress, and I couldn't find one in my exact size anyway. After digging through racks for another half hour, I find a perfect black skirt. I stop in the hosiery department to get a pair, head to the checkout, and then home. Mr. Sprock gets home a little bit later than I do, and I ask him to try on the pants. He asks me, "Did you get the right size with a front pleat?" "Yes, just like you asked," I reply. He had a 14 hour work day, and has no desire to try the pants on. He just wants to take a shower and relax a bit on the sofa.

Tuesday I drove to court, and as I mentioned on the prior entry, the traffic was terrible. I know that when I leave the courthouse, I will miss a majority of the traffic going home, but getting down there was bumper to bumper, all the way from the I-405. As soon as court ends, I say a quick goodbye to everyone, and walk as fast as I can to where I parked my car. I get home in virtually record time, about 40 minutes, and I make the car wash before it closes. I told Mr. Sprocket the day before that he would need to be home by 5:00 pm so that we could leave by 6:00 pm for The Magic Castle. No problem he says. I get home about 5:05 pm, and my husband arrives soon after that. We take our showers, and start getting ready. I iron Mr. Sprocket's shirt, then my blouse, while my husband is on the Internet, trying to find directions on how to tie a tie. He can't remember he says. He's bemoaning that I didn't get him a "clip on." He finds a web site with visual and written step by step directions, and I'm trying to read them to him while he tries to tie his tie. No luck. After several false starts, he abandons the directions and relies on memory. Success. It's 5:55 pm and he finally puts on the pants, then his shoes. The pants are too short.

Now I'm about ready to tear his head off for not trying on the pants yesterday. The pants I bought were labeled the correct size, but when we measure the inseam, it is an inch shorter. He is telling me that we need to take down the "cuff" so that the pants will be long enough. In my mind I'm going "Oh brother! I can't believe this!" This is because my husband, 99.99999% of the time, does not give a flying fig what he looks like when he leaves the house. But now, his pants are too short. He is absolutely insistent that we have to take the cuffs out of the pant legs. This involves unhooking the suspenders, getting out of the pants, and getting the iron ready to press them down, as soon a we take the stitches out. It's 6:05, and I can't find my seam ripper to get out the tight stitches on the inner and outer seams that are holding the cuffs up. My husband tells me, "I know it's right here somewhere, because I was using it for something yesterday." Groan. I now know I will never find the seam ripper because my husband has rarely in his life, ever put something back where it belongs.

I'm now panicking, because CCA has told me, we will be turned into frogs if we are late. We are supposed to be on time. I finally find a pair of tiny scissors I can use to take out the stitches, and then I have to press the pant cuff down as best I can. We finally get out the door by 6:15 pm, and I think, okay, we will just be a little late. But then we get on the freeway, and the traffic is a repeat of what I experienced this morning. My husband keeps asking, "Well, what time are we supposed to be there?" "I told you earlier today. Six-thirty pm," I reply. Now my husband starts freaking out. "Six-thirty! Betsy! You never told me when we had to be there! You just said when we had to leave. That isn't enough time to get into Hollywood!" And on and on he rants. Now the argument gets into full swing, as I remind my husband that when I was at the car wash, I told him what time we had to be there, and he keeps telling me that I never did. Yes I did. My husband, who never hears all of a conversation or the salient points says, "No, you didn't! If you did, I would have told you we had to leave earlier!" And back and forth it goes.

It's past 6:25 pm now, and the traffic finally breaks free near Barham Blvd., and we debate on which exit to take. Since the traffic has cleared a bit, we chance the Highland Blvd., exit. What a mistake. We are boxed in by Hollywood Bowl traffic. I know the intersection streets that the Magic Castle is on, but I can't remember for the life of me if it's east or west of Highland. I tell my husband we have to pull over, because the book map is in the trunk. I forgot to take it out after the car wash. After crossing the freeway at the Ford Theatre overpass, we pull over and I get the map out of the trunk. As we head south, I'm trying to find Orange St. We're coming up on Franklin, my husband is demanding which way we have to go, and I finally find the street. Damn. It's west of Highland and we are east. We shouldn't have crossed over to Cahuenga. We try to race down Franklin, but it's packed with traffic. We finally arrive at the Magic Castle, 20 minutes late, fully turned into frogs. CCA and houdinisback (dini) are waiting out front and when CCA sees up pull up, he raises his arms in the air as if to say, "Finally!"

As we enter the Magic Castle, we are transported back into the Victorian era. CCA checks in with the front desk, and then shows us where on the wall we have to say "Open Sesame," for the wall to roll back and then the hallway entrance into the restaurant appear. There are rich dark wood walls and velvet cushions and coverings everywhere. All the employees are dressed formally with white vests and the long coattail jackets. CCA was dressed in a very sharp suit. He does have an excellent tailor. And dini, what can I say? Just like Beth Karas, dini is a woman who is very in tune with fashion. She had on a white linen top with matching pants. As we are led to our table, CCA is pointing out everything to us. Everywhere there is something interesting to look at, (a painting on the wall or an antique looking sconce) and I feel transported back in time.

We order something to drink (CCA and I having club soda), and when our drinks come, we toast to what brought us all together. The Phil Spector Trial. The rolls that come to the table look divine. CCA says it's a sin not to at least try them ~it's a special Magic Castle recipe~ but I remain firm. I don't want my joints to ache in the morning. My husband tries one and is delighted with the taste of Cinnamon he detects. I'm quite torn with what to order from the menu. I'd like to order one of the evening's specials, the Sea Bass (because it's a Type O beneficial food, and I don't eat as much fish as I'm supposed to), but I play it safe and get the prime rib. My husband, who is quite particular about food (which is why he prefers to cook for us at home) orders the rib eye, and asks that it be fried in a pan with a few cloves of garlic. I think CCA also gets the prime rib, but I don't remember what dini orders. The food is perfect, and I eat every morsel of my asparagus and prime rib. During dinner, we discuss the trial, and the witnesses that were on the stand.

It's getting close to showtime, and we decide to save dessert for after the show. The magicians were fantastic, the first act being an extensive card trick act. The host magician was our comic relief between acts, and also did some tricks with cards. At one point, he picked someone out of the audience as an assistant. He gave her a deck of cards, and asked her pick two random people in the audience. Those two were to each pick a card, write their name on the card they picked and hand it back, and then she was to bring all the cards back to him. Since I am sitting in an aisle seat, the woman comes over to me, and I pick a card and write my name on it. Later on in the act, the two cards magically appear. When he calls out my name, to ask me what my card was, I'm totally embarrassed because I say, "I'm sorry! I didn't pay attention what card I picked!" And the whole room breaks out in laughter. And then I say, "I think it was a red suit, possibly the three of diamonds." Hooray. That's the card with my name on it. The next act is a wonderful magician who does extensive tricks with scarves and doves. It was amazing as one right after the other, he pulls five or six doves out of thin air, and then after putting them all in a cage, makes them disappear all at once. At the end of the act, he makes them appear again, one by one.

When the show is over, we make our way back upstairs, and wait in a little area for our table. In this area, in the ceiling just over a group of dinner tables in front of us, is the largest authentic Tiffany glass domed globe I have ever seen. It looks to be at least five, possibly six feet across. It's magnificent, and CCA tells us the story of how it was discovered when the house was first being renovated and restored by the founding members.

We get seated at a new table for dessert, and I notice another Tiffany lamp on a chain, hanging above our table. I forget what CCA has for dessert, but dini has (I think) the bread pudding, my husband has the creme brulee and I have the fresh fruit bowl, with blackberries, blueberries and strawberries. When we finally get up to leave the restaurant, CCA shows us the hallway covered with huge framed posters and photographs of legendary magicians who are part of The Magic Castle. He also points out the photograph of the founder, who is still considered a spiritual leader of the Magic Castle. The evening was very special for me and my husband, because we rarely treat ourselves to anything this elegant or fancy. Thank you CCA, for this wonderful experience. You were a delightful host and both you and dini great company for dinner.

On Friday, Steven Mikulen who is covering the Spector Trial for the LA Weekly, mentioned me as a blogger covering the trial in his latest article. Thank you very much Steven.

Thursday, July 19, 2007

I Want To Thank....

I need to give thanks, and a shout out to several people, before I go into massive writing mode, and get caught up on my "post and run" entries. Not to mention my detailed Trial Notes are woefully behind everyone else on the net.

First off, I need to thank ccarrolladams, (CCA) one of the Court TV posters, for treating me, my husband and houdinisback ("dini" also of Court TV) to dinner and a show at The Magic Castle in Hollywood. My husband and I don't eat out very often (that "special diet" you know) so this was an extra special treat for us. Although it took a a bit of effort for us to put together a wardrobe to meet the Castle's dress code, (I'll expand more on that when I write out my Trial Notes for that day) it was well worth it. We had a wonderful evening, and felt very honored to be invited to what CCA, ~one of the Magic Castle's founding member's ~ calls his "home away from home."

I have to give a mention to Lynn Gweeny, a phenomenal poster on the Court TV Phil Spector Forum. Lynn Gweeny is often referred to as "the queen of links," because she just has the knack for quickly finding ~faster than anyone else~ the latest articles, court filings, and related web pages on subjects that come up concerning the case. I've printed out several of these links Lynn Gwenny has found to pass on information to the other professional reporters in our little group.

Thank you KatyDid (also on the Court TV forums) for all your efforts in trying to find for me, online reporting regarding Dr. DiMaio's retirement from his position as coroner of Bexar County, Texas.

I also want to give a shout out and thanks to Carolyn Kellogg, a great blogger on www.LAist.com who's also attending the trial, for linking to me in her July 17th entry. LAist is part of Gothamist LLC, described on their website as "the most popular network of city blogs on the Internet today."

And last but not least, a heart felt thank you to all the great Court TV posters, and my long time friends at TCS and Butterfly for encouraging me to "Keep writing Sprock; you still make us laugh."

Tuesday, July 17, 2007

Leftover Pie, Police Procedures and Urine Samples

I drove this morning to court. Traffic was horrendous. And when I get to the courthouse, the security lines were triple looped, with only two scanners working. When I finally make it to the 9th floor, ccarroladams (CCA) and houdinisback (dini) are already there. CCA starts in by explaining to me in detail, how he knows that Michael Bay was not at some musician's party on January 23rd, 2003, a Thursday, one of only two dates that the Pie was certain of on the stand. He knows that Mr. Bay was in post-production on a film that had to be finished by January 30th, so he could show it to the investors. He's certain, because he knows exactly what buildings Bay was using at Universal and Technicolor. I'm not really understanding all that he's saying, but I'm scribbling down notes as fast as I can. Monday night, CCA put in a call to talk to Mr. Bay, and got an off the record quote. This morning, CCA talked to Alan Jackson outside the courtroom about contacting Mr. Bay, and I believe helped Jackson get in touch with him, but I'm not positive on the exact sequence of events, or how it came about. (The next day, Michael Bay made a statement on his own message board about this accusation, where he also states he spoke to the prosecutor. Well, at least when I first read the link I could have sworn he said he spoke to the prosecutor. Maybe I'm mistaken or he edited his post.)

Finally inside the courtroom, I take my seat next to Dominick and dini and CCA sit right beside me. It's now that dini tells me that earlier, she had quite the conversation with the Pie in the women's restroom. After meeting the Pie and talking to her girl to girl, she felt more sympathetic towards her. As we look on over at Rachelle to see what she's wearing today, dini says, "She has the Heidi look on today with pigtail braids." She's wearing knickers again, with a matching vest. The blouse is a little white, short puffed-sleeve thing, and she's wearing some expensive fuck-me pumps on her I-wonder-what-size feet. There's no question that Rachelle Short, who has appeared topless in Playboy Magazine, is a tiny woman with a good figure and attractive features. She would have to be to get a small part as a stripper in the movie Tigerland, where she also appeared topless.

The tall, black haired attorney for the family turns around and asks Carlson Smith how he is feeling today. He had a bad headache yesterday and was rubbing his head all afternoon. More people from the DA's office come into the courtroom and sit in the row behind me. Miriam Hernandez from the local ABC channel 7 is here. As we wait for court to start, Dominick, Ciaran and Steven all talk about the recent capitulation of the Los Angeles Dioceses to pay out over 600 million to more than 500 victims of child abuse by local priests. One of the reporters says, "No one laughs at priests and young boy jokes anymore." Several bottle blonds are sitting over on the defense side. Of all of them, I have to say that Roger Rosen's girlfriend (who I understand works in his office) is the one with the best color treatment. She also dresses the best for court too, usually wearing a suit. As the Pie passes in front of us to take the stand, I won't repeat what Dominick does when she passes. He obviously doesn't like her, and doesn't believe that this was ever a "friend" of Lana's.

It's 9:50 am and we're finally getting started. Jackson continues his cross of the Pie. Jackson is getting the Pie to verify what events she went to surrounding Lanas death: the memorial service, the funeral and a wedding she went to soon after.

Q: You carried a picture of Lana with you (to these events)?

A: Yes.

Then Jackson asks her about statements she made to people at these events and the Pie's memory suddenly goes away again. She replies, "I'm so sorry, I was dazed and confused at that point." Jackson confronts her again, asking her, "During a conversation with Rick Brody (at one of these events), didn't you say, We need to fry that bastard for killing Lana?" And the Pie replies, "I never believed that, so I know I would never say that."

Right after that question Rosen gets up to try to redirect the Pie.

Q: You never believed what?

And the Pie is stumped. It's obvious that she had not rehearsed for this answer, because she is like dumbstruck on the stand.

A: Uh.... Can you move onto another question?

Unforkin' believable. She actually tells the attorney to ask her a different question! And Judge Fidler, not real happy with this, instructs her to answer the question. Rosen moves on and asks her "As far as you can remember."

A: I know my phrasing, I know I would never be that aggressive.

And I'm laughing inside after she says this. Because we have evidence that she would. Dominick and I discuss how she just came up to him and greeted him like they were long lost buddies, two days in a row. I tell Dominick I think that's how she networked. She went up to famous people she wanted to meet and just pushed herself on them, by acting like she knew them. Maybe at some party event, the Pie went up to some big name she wanted to meet and they dissed her.

Now the Pie is stating that it was because of her recommendation, the family held Lana's memorial service at the spiritual center Lana loved. And I'm thinking "What hogwash!" As if Lana's family was clueless in this department. When the Pie was asked why she didn't tell the police, she gets even more unbelievable. "I knew what I knew they needed to know, and I felt trapped; trying to tell them other things but not all things. It was hurtful. It was sad." I want to run up to the witness box and shake some brain cells back into this woman! (Something Steven is jokingly always trying to get me to do.) Even on the witness stand over four years later, the Pie still thinks this is all about her.

It's now that Rosen tries to resurrect her gaffe during direct, where she called Lana's death "a murder." "Oh, I was just confused," she said. "We are in a murder trial." The Pie also tells us that her friend Anne Marie and the family attorney, Rod, told her to, "Keep her mouth shut about the suicide thoughts." The Pie also lets us know about her own low comprehension levels saying, "I didn't know what, a defense investigator was. I didn't know what that meant." When asked if she did speak to any investigators she says, "I don't remember. It's not my forte." (But partying big time, getting plastered and losing what brain cells she has left certainly is.) Rosen gets in a few more questions then passes the Pie on to Alan Jackson for recross.

Q: This is just a little bit different truth, than you told Tomlin and Forneya?

A: Yes. (snip) I said before, I had to hold back.

When the Pie is finally released from the stand, she exits with a big thud. Before she goes she actually says, "Thank you very much." WTF? All this time did she think she was auditioning for something?

The defense calls their next witness, James Hammond, who's an officer for the City of Alhambra. Bradley Brunon performs the direct examination. He was one of the first officers on the scene at 1700 Grand View on the night of the murder. Brunon takes the officer through all that happened, specifically focusing on the "storm trooping" tactics the police used to arrest Spector. I'm surprised that one of Spector's statements to the officers actually comes in, where Spector said, "You got to come in and see this," to the police. I look over and see that Linda Kenney Baden is not on her laptop today. (There's been quite a bit of speculation on the Court TV message boards what Ms. Baden is doing on her computer at the defense table.) Brunon puts a photo of the crime scene up on the Elmo with Lana in the chair, showing the shield on the floor the police used to rush Spector. The family looks away. I look over and see Heidi wrapped up in her polar fleece blankie. Alan Parachini from the court's public liaison office comes into the courtroom. I see Mrs. Clarkson and her attorney lean close to discus something. More questions from Brunon, "Did you hear him ask for his white jacket or to get a list of phone numbers?" And the witness replies, "I don't recall that." (All during this officer's testimony, an undercover officer who was at the scene is identified as "Detective Pee," to protect his identity, and I find it pretty funny they use this initial.)

Q: Did Detective Pee try to use the tazer directly on Mr. Spector?

A: I heard it go off once. (snip) I recall him going for the body contact, but I didn't hear the (sound of it) go off.

That's about it, and Dixon stands up to cross the witness. I notice that Alan Jackson isn't in the room. I didn't notice when he slipped out, and I'm wondering what was so important, that he couldn't get an assistant to retrieve it. Dixon does a marvelous cross of this witness. Point by point, he turns this witness to his own advantage. Officer Hammond explains about officer safety, and that it's all about ensuring that each officer gets to go home at the end of the day. Everything the police did, every move they made, the reason for it is explained in detail. Dixon gets the officer to explain that "We were aware that a gun had been used and a gunshot had happened." The officers had spoken to Adriano DeSouza, and DeSouza's recollection, of what Spector said to him gets read on the stand to the jury again.

There's an interruption in the testimony. An attorney for somebody~I guess correctly that it's Madam Jody "Babydol" Gibson's attorney~ approaches the bench and the rest of the attorneys approach also. Dini, who must have the best hearing around, says she overheard the Judge say, "I'm annoyed with your client. She has repeatedly ignored my order." I write down a short description of Babydol's attorney but the posters on the Court TV forums have a better description, calling him the "travelocity gnome" and "Colonel Saunder's."

The attorney's leave the bench and Dixon is back on cross. Brunon keeps trying to object to Dixon's questions but the Judge continually over rules him and takes the extra steps to explain the reasoning why to the jury. I see Plourd and Heidi in an intense conversation for about a minute. Most of the jury is leaning back. Four or five of them are taking notes. Rosen looks back at the gallery with a stern expression on his face. I believe I catch eye contact with him for just a second. It's ice cold in the courtroom today. In fact, I don't think it's ever been this cold for me before, and I'm shivering with just a short sleeved blouse on. Sandi Gibbons enters the courtroom. I also failed to notice when Alan Jackson reentered the courtroom. I'm pretty sure he was there when Babydol's attorney was at the bench. I see Donna Clarkson accidentally look up at the Elmo, and then she puts her head down, and places her right hand up on her face to keep from seeing the screen. Fawn turns her whole body away from the images and towards the jury.

Earlier in my notes I have written out a question that the Court TV posters wanted me to ask Steven. Some posters were concerned when Steven wrote (about Jennifer Hayes Reidl) that this deffense witness connected with the jurors somewhat. In response, Steven tells me, "Maybe it's only me. Just by the expressions on the jurors faces, and it was also an opinion of another reporter in the back row. But who knows. It was just my impression."

Brunon continues his redirect of his witness. Brunon brings that statement in again of Spector inviting the officers in. I write this note to dini: This is all to prove/show their contention the gun was moved...by police. There are photos on the Elmo of Lana again, and the Lana's family turns away and looks down. At this point, Detective Pee is brought in as an exhibit, and then, just as quickly, he leaves the courtroom. There's another sidebar, with Brunon and Plourd at the bench. Rosen is in deep conversation with Linda Kenney Baden. Dominick and I discuss the reasonings for the scuffle and the point to prove the gun was moved. Dominick leans into Sandi to whisper his thoughts about the Pie. Back to questioning, Brunon asks the witness, "Did Mr. Spector make a statement: I'll tell you what happened? " And then the attorney's have to approach the bench again. This is all about the self serving statements. The Judge strikes the question, "I can explain, I can explain," from the record. I write a note to Dominick: In my opinion, none of this helps the defense.

After this witness is excused, the defense informs the court that they are not going to call Detective Pee to the stand after all. Who knows what the defense strategy really is at this point, but maybe they realized that more officers testifying that Spector was uncooperative would not be in their client's best interests.

A new witness is called, Dan Anderson, from the Los Angeles County coroner's office. He's a supervising criminalist specializing in toxicology. Plourd conducts the direct examination of this witness. And this is where it starts. Urine is discussed ad nauseum for the rest of the day.
This witness testifies that their lab was used to test the urine sample the Alhambra police collected from Spector at the Alhambra police station. He testifies to what specific drugs are found in Spector's urine.

Finally, the lunch recess is called.

Over on the defense side of the room, I noticed a young woman with short black hair, dressed conservatively for court in a black suit. She had a stack of papers in her hand. I wondered who she was all morning. When I exited the courtroom for lunch, I saw her walk over to two of the defense attorneys in the hallway. Ah ha. She's a clerk or attorney working for the defense. I got close enough to see the top page of the stack of papers she was holding. I immediately recognized my blog banner: Trials & Tribulations. It's been said many times on the Court TV forums that both sides of a case (defense and prosecution) will read what people are posting on the forums and blogs. What I saw most definitely confirms it in this case.

In the cafeteria, Dominick, CCA, dini and myself discuss the Pie and the supposed "dis" by Michael Bay. Dini and CCA really enjoy their burgers from the grill. Myself, I usually get some romaine lettuce from the salad bar to go with my lunch that I bring most days. Upstairs on the 9th floor waiting for the courtroom to open, the hallway is packed with potential jurors from other courts and it's stuffy hot. The other blogger approaches me in the hall and tells me to check my stats, my traffic. At first, I'm totally confused by what she's saying, and then she explains some more, and I finally get the gist of it. She's given me a "credibility rating" on Technorati, which is something I'm not even familiar with. Inside the courtroom, I make sure to find out what her blog url is, www.laist.com, so I can give her a reciprocal shout out, here. Once in our seats, dini, tells me she did a mini interview with Roger Rosen in the hallway. He doesn't watch much TV. Basically a local news channel and Animal Planet. And he eats dinner late, like around 9:00 pm.

Beth Karas brings the group of reporters news that the Pie, did an interview in 2006! Holy Cow! We all eagerly hang on Beth's words. It was part of promoting a book by Jane Velez-Mitchell called Secrets Can Be Murder. Evidently, the Pie said during an interview, "Who thought Phil Spector would be dangerous." (I'm not quite clear in my notes if this is on tape, or if this was something quoted in the book.) A Court TV Spector Forum poster said, "Pie was quoted in her book." This will totally discredit another part of the cow-Pie's testimony, especially since she said this after she started talking about Lana having suicidal thoughts to defense investigators in 2005. It's looking more like she changes her story depending on who's asking, and what air time she gets.

We continue to wait for the afternoon session to begin, and finally it does. Plourd is still on direct with Dan Anderson, going ever so s l o w l y about the drugs that were and were not found in Spector's system. CCA notes that not one of the drugs found is a drug to treat diabetes. (The following day at lunch whether or not Spector really has diabetes is a hot topic. Louis Spector tells us that his father always indicated to him and his siblings that he had this illness.) The courtroom is about three-quarters full. I see Stan Goldman the law professor slip into the courtroom and sit along the back wall near the door. Now the whole Viagra issue is brought up, and why the lab didn't test for it, even though they were asked to. "At that time, they didn't have the special equipment to test for Viagra," Anderson says. I look over and see that Spector's hands are not shaking at the moment. The witness testifies that he also tested the samples taken from Lana Clarkson. I notice that there are a few new trial watchers in the room. Finally, Jackson gets up to cross. With his first question about Spector's blood alcohol level, a side bar is required over this question.

It's during this sidebar that my mind starts to wander, and I'm thinking about those first few days after Lana's death. Where did Phil go once he was released on bail? He didn't go back to the Castle. Where did he go and what did he do? Jackson is able to get his question in about Spector's BAC (blood alcohol level), and that's about all he asks. Plourd gets back up to ask a few more redirect questions and then that's it for this witness. Sandi Gibbons comes back into the courtroom. Rosen and Dixon confer for about twenty seconds, and then Linda Kenney Baden steps up to the podium to present the next witness, and a few of us groan.

Robert Allen Middleberg is the fiftieth witness in the trial so far, and the fifteenth witness for the defense. This is another forensic toxicologist. And now we have to listen to virtually hours of put-you-to-sleep-if-you-had-a-pillow testimony about first Middleberg's credentials and then urine, urine and more urine. That's all he talks about is urine. I've got pages and pages of notes on urine. I pass this note to Dominick. Give me an F'n Break! I can't believe they are really groping at straws here challenging the results of the urine test! Urine tests are so standard. They have been accepted in courtrooms all over. Now they are trying to say the urine test for his blood alcohol level was not accurate. Dini writes me a note as quick as she can, and then I write this same note to Dominick in my book. Spector went to the bathroom at the House of Blues three times. He also went on the wall at the parking garage to get Lana's car. So..... then supposedly he doesn't pee for another 13.5 hours?

Heidi, wrapped up in the blankie, has closed her eyes. She's nodding off. I bet her husband's defense team is hoping the jurors are not following suit. It's 2:30 pm. A rail thin woman enters the courtroom and sits in our row right beside Linda Deutsch. She's well dressed and has full makeup on. I notice her nails are painted blood red.

More about drugs in the urine, urine, urine.
Floxeine ---> Prozac.
Nor-Fluoxetine ---> Metabolite of Floxeine.
Topiramate----> Topamax = used for seizure control and could also be used for pain.
Neurapatine----> Garopetin = can be used to control seizures.
It's a good bet I've probably spelled all these drugs incorrectly.

It's now that CCA tells me and dini that this "expert" is famous for defending DUI's (or DWI, depending on where you are in the US). This expert pushes attorneys to have their clients ask for a urine sample test because this guy, has never seen someone who is "drunk," via a urine test, because according to him, they are not reliable. Now all this "expert" testimony is making sense (from a defense point of view). Spector wasn't really drunk! Rosen leans in to confer with Plourd. Dominick leans in and says to me, he's heard enough urine talk, and after that, I have to cover my face because I can't stop laughing. I'm afraid I'm going to burst out and be hauled out of the courtroom. Dini reminds me about Judge Judy's book, Don't Pee On My Leg And Tel Me It's Raining. And that brings on another round of giggles I have to stifle. I look on over at the defense side of the courtroom, and the young woman, the defense clerk who I saw had a print out of my blog pages appears to be staring me down. Now I have to tell you, the courtroom benches are these loonnnggggg benches that are bolted to the floor with steel supports. But the section of the wooden bench I'm sitting on inexplicably is starting to squeak right now whenever I readjust myself to be more comfortable in my seat. Fortunately, the squeak isn't too loud. Right then, the witness (who is describing the side effects of some medications) says, "The side effects are sleepiness.." Judge Fidler interrupts him and says, "On that note, we will take our break."

The skeletal woman greets Heidi and hugs Spector. Dini recognizes her. It's Anita Talbert. Dini says, when she was working in the fashion industry, women with these body types were referred to as "social x-rays," with a size of "minus zero." Anita, Heidi and Spector talk. At 3:08 pm, the Judge finally takes the bench. I made a decision I'm not going to write one more note about urine. At the break, dini told me that Heidi and Anita were "checking us out," and I chuckle to myself. There's not much to report folks. I'm over 50, I wear jeans, plain white blouses and comfortable shoes to court. That says it all.

When the Judge asks Alan Jackson to use the term "to empty the bladder" instead of "to go number one," the courtroom laughs, and I can safely laugh, too. Jackson wakes the room back up with his cross, and turns this testimony around. Is the BAC test called ETOH, or ETOA? I'm now totally confused about that, because I could have sworn I heard it said both ways. The witness won't make a commitment about the supposition/hypothetical that Jackson makes on whether or not Spector was drunk, even though Jackson outlined the number of drinks Spector had, and the time that he drank them on the night of Lana's death. On redirect, Baden asks about an EMS report. I look at the clock. Less than ten minutes to go! Rosen looks back at the gallery, and I catch his glance again for a second. Finally! At 3:55 pm, court ends early for the day. I say a quick goodbye to dini and CCA, so I can get home as fast as possible for our evening at The Magic Castle.

I'll finish up this entry tomorrow, with details on how that went.

Monday, July 16, 2007

PIE loses her memory ~ well, what memory she has left, that is

UPDATED
Well, it was obvious today that "the Pie" does need Jennifer Hayes Riedl around to remember things for her, because she had a difficult time on the stand today doing just that. She must have said it at least a couple dozen times, if not more while on the stand all day today. "I don't know," and/or "I don't remember." And it makes you wonder. How can a very very best friend, a true, real friend, get up on the witness stand for the defendant in the murder of your "soul mate," and claim you're telling the truth about that very very best friend's "state of mind," just days before she was murdered in the house of a total stranger.

It doesn't make any sense and it's my impression that the jury didn't believe a word she said, well, at least those words that she did happen to remember. The jury didn't appear to connect with the Pie at all, and several times during long side bars, several of the jurors whispered in groups of threes and had smiles and stifled laughs upon their faces. At least the Pie had the good sense to cover up her boobies today, and wear something more appropriate to court. I didn't think I could handle another day of over exposed, over baked Pie on the stand today.

In other news, I had a wonderful time meeting two great posters on the Court TV Phil Spector Forum houdinisback and ccarrolladams. Houdinisback and ccarrolladams both got the opportunity to meet Beth Karas, (carrolladams spoke with Beth at length over the issue of whether or not Michael Bey actually did go to a party for a bunch of musicians like Pie claimed on the stand) and we all had lunch in the cafeteria with Mr. Dunne talking about the Pie's testimony, and whether or not Dr. Lee really did earn his doctorate at the University he says he did. It seems a dissertation paper cannot be found anywhere for this Henry Lee. Ccarrolladams, at the lunch break, talked to Peter Y. Hong of the LA Times about just that, and it appears Peter is going to do some more digging on the issue. Peter said that the University told him over the phone, that Henry Lee did get his doctorate there. However, nothing was ever faxed to Peter, to verify it. It was just a phone call verification.

I hope to write up more later, but I have to go see if I can find a skirt or dress immediately. (You know, one of those things I just don't own, lol!) Ccarrolladams has invited houdinisback and myself to The Magic Castle tomorrow night, and unfortunately for me, there is a dress code. So I'm off to go shop!

Oh, and Alan Jackson mentioned a Vanity Fair article that was written about the murder in the June 2003 issue, however, it wasn't one written by Mr. Dunne.

Update 11:15 pm
First off, I want to give a little shout out to a great blogger in Malone, New York. The Darwin Exception is a very funny, witty blog, and just like me, many of the posters at Court TV love reading Kim's take on the Spector Trial. Check it out.

When I arrived at court, houdinisback and ccarrolladams were already on the 9th floor. The hallway was unusually empty, so I had no difficulty identifying them. As people behind the scenes started arriving, I pointed out who everybody was. A bit later, Mr. Dunne stopped by to thank me for dropping off some research at his hotel over the weekend. "Did you drop it off yourself?" he asks me. "Well I was there! Why didn't you come up? You could have showed me how to find all this stuff on the Internet!" I explained that my husband and I had lots of shopping to do, and I didn't know if he was in. We'll schedule that another time when he's free.

We're inside the courtroom now, and dini (houdinisback) and CCA (ccarrolladams) are able to get seats right next to me. It's 9:40 am and we are still waiting. Dini says she saw Dixon in chambers, so we are waiting for them to come out. Rachele is slumped in the front row, wrapped in her fleece blankie. She didn't do anything with her hair this morning. It barely looks combed. I'm wondering if she knows how to use a hair dryer. At least she wore something conservative today. Some type of form fitting knit sweater top, with ...(sheesh! my brain is doing a PIE right now, and I can't think of the type of collar of Rachelle's sweater) a high neck and long sleeves. I couldn't see any red soles on her shoes today. Maybe today is budget day in the footwear department. Carlton Smith (who wrote a book on Spector) is here, squeezed inbetween Ciaran and Steven. I point out Peter Y. Hong to dini and CCA in the back row. Ron is here without his friend Richard. Brunon comes over to Steven again to comment on his latest article in the LA Weekly. I give Dominick a copy of Steven's latest piece online, and as usual, he loves it. He always has a compliment for Steven's pieces. Dominick has really taken to Steven and Ciaran, and has commented several times that he loves our little group that sits together every day. I look down and I see these adorable shoes on dini's feet. I've always liked this style of sandal/shoe, even though I could never wear something like this. They were a very pretty chocolate brown, open toed, that had thick, brown ribbons that came up and tied around her ankles. I forget to compliment her on her great footwear. Tawny Tindle, Pie, and Rosen's girlfriend all enter the court room together, and I tell dini who everyone is.

When the Pie finally takes the stand, we see that someone finally was able to talk some sense into her lack of brain cells over the weekend (and she didn't "forget" it), because she covered her boobies today. But the person who really has me intrigued, is the friend who came to court with the Pie. I never got very close to her to try to figure out why her face looked so strange across the court room. Her face had very angular features.

All during the morning session, the Pie's memory fades in and out. I'm reminded of Dr. Lee, and his selective memory. When the story about the famous director, Michael Bey (whom Lana worked with on a Mercedes commercial) subbing her at a party is revealed, CCA doesn't believe this ever happened. First off, this is only one of two dates that the Pie is certain of when she testifies on the stand. The other one is when an investigator came to interview her, but in reality, she's wrong about that date because it's the day he wrote his report, and not the day he interviewed her. CCA tells us, the date of this party was on a Thursday, (a date Lana would most likely have worked, since Thursdays would be a busy day down at the House of Blues) and he knows that at that time, Michael Bey was in pre or post production (I can't remember which he said) at a studio, and he can't imagine that he would have stopped mid week to go to a party with musicians.

During the break, Ron (of Richard and Ron from Riverside) tells me he thinks the Pie is acting. Dominick doesn't believe a word she has said. I was a bit parched, and went up to the 13th floor to grab a bottle of water. In the snack room, Rosen's girlfriend comes up to me and asks, "Are you Sprocket?" I immediately get a bit paranoid, and am panicking, thinking to myself, "Did I say anything negative or catty about her on my blog?" She was amazed that there is this whole other world out there on the Internet. If she's reading the Court TV forums, you can bet the defense team is keeping an eye on what's being posted there, and any other blogs that are writing about the trial. I explain to her that, my businesses are on hold to attend this trial. She asks what I do, and I tell her that I'm a bodyworker and I have a little sewing business. She wonders if I've been following trials for long. I tell her that I attended the Blake trial, but it's only recently that I've been blogging. She then shares with me that she recently got a sewing machine. I really don't know how to respond to that, and I'm sure my blank expression didn't go over well. Out in the hallway, I see Linda Deutsch, and I ask her how her knee is doing. She says she's better since she got a cortisone shot. That will delay her need for surgery until after the trial. Rosen's girlfriend then adds that Roger had the "chicken cartilage" injected into his knees. Linda asks her if it helped. She replied, "A little bit."

I have to go off on a tangent here. I have dealt with degenerative arthritis, and several other chronic health issues. All I can say is, Blood Type Diet. It changed my life and improved my health dramatically, and in a relatively short period of time. I believe Dr. Peter D'Adamo's research is light years ahead of mainstream medicine.

When I get back in the court room, everyone is all whispering about the heavy set man in the back of the room wearing a TEAM SPECTOR button on his lapel. Not long after it's seen, it's removed from his suit jacket. Nobody seems to know who he is. Not Beth, Dominick, or Ciaran, who seems to know who everybody is, and is always up on the detailed facts of the case. Dini says that the women's restroom was the place to be, because the Pie was in there crying, getting support from Tawny Tindle and her friend she brought with her. Dini also said, she overheard way more personal information than she ever wanted to know about the Pie's "va-jay-jay." (This is the word I think Oprah used on her talk show. Hey, if it's good enough for Oprah, lol!) A woman behind me and dini tells us that at the break, Rosen was all over the Pie, definitely not happy with the some of the answers she was giving, especially when under direct, her answers are feeding right into the prosecutions lap. (Rosen has to be a little disguested himself, realizing this woman can't remember whom she's talked to and when.) Maybe this is why the Pie was crying in the women's restroom.

All during testimony today, I watched the face of Lana's sister, Fawn. She stared right at the Pie, and I never once saw her eyes drift off. A few times, when the Pie testifies to something totally unbelievable (such as, when she testifies that she told the family attorney about Lana's "ending it all" statements), it's barely noticeable, but Fawn's jaw would tighten up a bit, and her head would move to the side and back ~barely an inch or two~ as if she was trying to keep herself from shaking her head, "NO!"

There have been several times over the last several months, while I've been in the court room, I've looked at Lana's family, and I tried to put my emotions into the shoes of what Lana Clarkson's family is dealing with. What if, my sister had been so careless and thoughtlessly murdered like Lana was. What if, I had a child who was killed at the hands of a wealthy, misogynistic, weak little man. And when I think I've come just a little bit close, to what that horror would be like, tears immediately start to form and I have to shut the emotion down before I become overwhelmed by a sense of heartbreaking loss.

(Btw, I read on Punkin's own myspace page, something to the effect of, "Come for the music, stay for the Pie!" I think everyone in the court room has had about as much Pie as they can tolerate. Hopefully, we can finally put the rest of it in the trash tomorrow.)

Thursday, July 12, 2007

Sara Caplan takes the Stand, Rachelle’s Gold Lamme Pantsuit, & Pie Shows Us Her “Girls”

This is an unfinished, unedited draft entry.

So much for our first glimpse of “Pie.” There’s nothing worse than looking at an orange hued, over-the-hill rock band groupie with her own bad hair issues ~that’s seen one too many parties~ but did she also have to subject us to viewing her sad, sagging-down-to-her-navel breasts in court? Dominick, Ciaran, Steven and I had been waiting for her to make an entrance, and that she did. With a large glob of silver hanging down in-between where her unsupported breasts were about to pop out of her jacket top, Punkin Irene Elizabeth Laughlin (it appears she didn’t change her entire name to “Punkin Pie,” just added the “Punkin”) took the witness stand. Did she actually think that squeezing into a black jacket and pants would be all she needed to wear to clean up her image for court? Since Ms. Laughlin was only on the stand for about a half an hour, all she has testified to so far is to identify photos of her and Lana drinking at several different bar parties. I can’t wait to see if over the weekend, someone actually introduces “Pie” to a Victoria’s Secret store, where she could try on a bra for the first time in her life.

But let’s back up to the beginning of the day.

When I arrived at the back of the court building, I see Miriam Hernandez still outside on her cell phone. I know immediately (since I’m not on the court’s public liaisons list of reporters to call) that the Caplan issue must be first up. Once up on the 9th floor, (Dominick is already there of course; he’s always early) and after Ciaran arrives I find out that the proceedings will be delayed until 10:00 am. I start to see quite a few new faces in the hallway. Everyone is here to see Sara Caplan get thrown in jail. There are quite a few more deputy’s in the hallway. I’m hoping that I can sneak in behind Dominick. Dominick has already told me that, if there’s any problem with me getting in, he will try to plead my case, for me to enter with the rest of the reporters.

There’s no problem; I’m able to get in with Ciaran and Dominick, but Steven isn’t here yet and we’re hoping he didn’t get shanghaied by the notorious elevators like he did yesterday. The courtroom is full. The dateline reporter with the I’d die for that color of auburn hair is here. The room is restless. Spector hasn’t arrived and I don’t see Rosen anywhere. Sandi Gibbons from the DA’s office arrives, and takes a seat in the row in front of us beside the family attorney. Lately, she has been greeting me by saying, “Hello Sprocket!” Dominick and Sandi have known each other for a long time, and they often share stories while the rest of us listen in.

As we wait for court to start, we talk about whether or not Spector will try to flee the country. One reporter jokes about Spector escaping it all by having one of his lackeys take him to a field in the middle of the night with a waiting plane to whisk him to another country. “He kills the wife and then gets on the plane!” Everybody has a good laugh at the supposed scenario.

It’s 10:10 am, and Rosen is finally here. I look up from writing a note and I see Spector standing at the defense table. He’s got his sorbet colors on again; the 70’s orange tie, the pink shirt, and an tannish looking frock coat and vested suit. Now I see that Brunon is here making a rare appearance. And then Rachelle comes into view. Just when I think the outfits can’t get any more inappropriate for court, she wears another one. At first, I think, well, at least it’s pants and not knickers, but then I take a closer look. It’s a skin tight, light gold lamme jacket and pants. She’s wearing four inch black pumps (NOT Christian Louboutin this time). I don’t immediately see the type of top she’s wearing with it, because she’s sitting down intently working her blackberry, and because I can’t get over the rats nest that is on top of her head. Beth Karas and I both don’t get it. She’s got at least $800 on her feet but her hair is pulled up tight on top of her head, and then is spilling out every which way like....well....like a rats nest. Sheesh! Does she actually do this to herself? I mean, she’s getting a killer wardrobe out of this deal, you’d think she’d go to the salon and spend some of those bucks on her head.

In the back of the court room by the door, there are like five or six extra deputy’s, and two extra plain clothes officers ready to take Caplan into custody. The overhead projection screen for the Elmo is rolled up to clear the way to the little room right beside the bailiff’s desk where Caplan will be whisked off to jail. The cord to pull down the screen has been fashioned into a large, round loop at the end. I point out the hanging loop to Sandi and Dominick, that is ominously swinging back and forth a bit, and Dominick says, “It does look like a hangman’s noose!”

Finally, all the attorney’s emerge from the Judge’s chambers. There is some discussion on the record about the last communication Jackson received from Mr. Nassiter, Caplan’s main attorney (who isn’t here today; only her appellate attorney is with her), was that Ms. Caplan was not going to testify. But here, at the last minute, Caplan decides that she’s going to testify. This creates a problem for Jackson because he has not prepared. He was planning on her testifying on the 23rd. The defense is ready to go (they prepared for this contingency) so the Judge throws Jackson a bone. He says that Ms. Caplan will go forward at 1:30 pm after lunch, so that Jackson will have the lunch hour to go over Caplan’s prior testimony. And that’s it. We’re back to Detective Tomlin on the stand under cross by Jackson.

Once the jury enters, I see Spector s l o w l y sit down in his chair, making sure not to sit on his long coattails. Jackson continues his cross, getting in again, all the details of Stephanie Jenning’s experience with Spector in that NY Hotel room. Point by point. Rosen was a moron to bring up these discrepancies, because it gives Jackson the opportunity to put all of this damaging testimony in front of the jury a second time for not only Stephanie Jennings, but for Rommie Davis, Kathy Sulivan and the waitress.

A cell phone goes off in court. It’s a young reporter, an associate at the AP, who is sitting with Linda Deutsch. She quickly turns it off, thinking that’s okay, but it’s too late. She takes her punishment gracefully, when the bailiff comes over and escorts her from the court room. As Jackson finishes his cross, Rosen steps back up to the podium and I see Peter Y. Hong from the Los Angeles Times slip into the back row. Rosen is now actually ranting at his own witness! Jackson in his cross, had effectively turned this witness to his own advantage. I lean into Dominick and say, “To quote Mr. Dunne, this is pathetic.” Dominick gives me a big smile and a chuckle.

During one of the cross, then redirect then recross sessions, Rosen actually gets up and objects to Jackson talking to fast. It’s hysterical, and the Judge, laughing sustains the motion. When Jackson speaks again, it’s r e a l ~ s l o w, and laughter erupts in the court rom again. Jackson says, “I couldn’t let that go by.”

Finally, this witness is finished and the court takes a break. I see Spector’s bodyguards, one on each side of Rosen, giving him affectionate pats on the back. Don’t they know Rosen’s defense is sinking? Are these defense attorney's so deluded, that they actually think they are scoring big points with the jury? Rosen and Spector talk for a moment.

During the break, Ciaran was standing right beside Linda Deutsch, when he clearly heard Spector and Rachelle tell Linda a story about Lana. According to Rachelle and Spector, Lana use to get $1,000 a night for being a party girl and “eating a gun.” It was something she supposedly got paid to do. I’m thinking this story probably originated with “Babydol.”

The break is over, and the next defense witness is called. It’s Angela Pileggi Silberstein. When Angela takes the stand we are subjected to the beginning of "Act Two," of the Pileggi girls Family Feud. As we learned from Melissa on the stand, she’s estranged from her sisters, and these two, Angela and Cathi don’t disappoint in bringing us into this long running sibling cat fight of she said/she said. On direct, Rosen gets the witness to “gush” about Spector. “He’s a wonderful man. I adore him now,” she says. On cross, Jackson gets the witness to admit that the first time she ever called Spector, it was for a favor to get backstage passes to the Stone’s concert, because, Angela had met Keith Richards before through Spector. Now Melissa’s accusations of her sister being a drug addict are starting to sound pretty realistic. Under cross, Angela reluctantly admits that even though she knew her sister was lying, (about the conviction and the theft of a plaque from a Judge’s rented house during the Master’s Tournament in Agusta, GA) she made no attempt to contact the prosecution in all of 2004, and all of 2005. (Imagine that!) It wasn’t until her sister took her ex-husband’s side in a child custody dispute that Angela felt she had better tell somebody about Melissa Grosvenor's prior conviction and other impulsive, bad girl acts.

It’s about 11:45 and Rosen is getting irritated with Jackson's cross.

Judge: Mr. Rosen! Watch your tone of voice!

I look over at the jury, and to me, they appear to be enjoying this bit of drama that’s popped up. The witness still isn’t finished by the noon hour, and will have to be held over until after lunch.

Towards the end of the lunch hour, the hallway fills up with credentialed reporters again. I really worry that I won’t get into court, but Steven reassures me that I’ve established myself, and he thinks there won’t be a problem. The group promises to save me my seat. I wait at the door while the registered press gets in right away. Standing by the door, Alan from the public liaisons office asks if there’s anybody else. A woman with sort of a wine colored dyed job on her black hair (think "goth look) says, “Blogger!” and she gets in! I immediately say the same thing, “Blogger!” and Alan lets me into the court room right after her. I am overjoyed and I slip into my regular seat beside Dominick.

We still have to finish up with the first angry sibling before we can move on to why everybody is here. The Sara Caplan show. The court room is almost packed with reporters and trial watchers. One of the Court TV camera operators' whole family is here, and Beth says hello to them when she gets into the court room.

Sandi is sitting right in front of Dominick, and she turns to let us know that Sara will be the people's 35th witness. Our little group wonders how many Peleggi sisters are there? There's at least four, but there's probably more. Someone says, (regarding Angela) "She's pretty in a trashy sort of way." And someone else responds, "Is there any other way? The Zeppo family: how many were there?" I think this is so exciting! Caplan is going to take the stand. The dateline reporter with the hair I envy asks me for my blog web address. A few more people are let into the courtroom, and it looks like everyone who was waiting in the hall got in. Stan Goldman, the law professor is here. I wonder if he's been on Court TV today. I see the other blogger is in the back row on a laptop, and I wonder what her blog is. If I see her again, I will probably ask her.

In the hallway, when we were waiting, the jury arrived escorted as usual by their bailiffs. (One in front of the group and one in back.) However, the court room door was locked, and they had to wait. Our group noticed that one of the trial watchers was standing right beside the jurors, watching for the door to be opened. They appeared to be oblivious to how close they were to the jurors. I finally reached out to them to indicate they needed to step away. I was right. They didn't realize how close they were.

The judge and jury are seated and Rosen tries to redirect his witness. During recross, I totally miss whether or not Angela did lose custody of her twin boys. Finally! Sara Caplan!

In the morning, before court started, Dominick went over to Sara to say hello to her, hold her hand for a moment and give her some words of support. Dominick tells us that he's known Ms. Caplan for a long time, and he really likes her. As he did twice before, Jackson steps up to perform the direct examination. Sara looks like she swallowed a bitter pills all morning. It's evident she's angry and sullen to be here. With Jackson's second question, Caplan pauses, almost reluctant to answer.
The Judge asks her "Did you become aware that he had been arrested?" And right out of the box, Caplan asks to consult with her attorney. "Sure," Fidler says. The Judge explains to the court room that Caplan is represented by her counsel and that she can consult with him. Caplan then says, "To the extent that he may be asking me to reveal confidential communications, I can't do that." The Judge then gets this incredulous expression on his face and asks, "As to whether or not you became aware the he was arrested?"

I think it's at this time that Brunon stands up and states that he will be the attorney that will be posing the objections to this witness. A bit of laughter erupts in the court room, especially Mr. Jackson. (What follows is my rendition of testimony via the Court TV archived videos.)

Judge: Can you rephrase your question?

Q: Sure, Sure. Let me see if I can put it... I'm not asking you obviously Ms. Caplan, for, ah, any privledged communicatons. First of all, let's introduce you to the jury a little bit. I was going to do this a different way, but, let's start off. Uh, what do you do for a living.

A: I'm an attorney.

Q: Okay. And at some point.... How long have you been an attorney?

A: Twenty-four years.

Q: So, back in 2003, some where around 20 years, correct?

A: Correct.

Q: And what kind of practice do you have?

A: I'm a criminal defense attorney.

Q: Alright. And that may answer some questions that are pending, and please, if I ask a question that you find, uh, difficult to answer, you are more than welcome to interrupt me, and take what ever time you need. Ah.

A: Thank you.

Q: Ms. Caplan, my question simply is, at some point, did you ah, where you employed in a capacity of representative capacity of Phillip Spector?

A: Yes.

Q: Okay. Lets get to it that way. On, let's say, and if you'll agree with me, February fourth, was the day after the shooting. If you will agree with me that that's the date, on February fourth, in your capacity as an attorney for Mr. Spector, uh, did you go to 1700 GrandView Drive?

A: Yes.

Q: Okay. There were other attorneys that were employed by Mr. Spector as well, correct, on that date?

A: Correct.

Q: And that included who?

Brunon objects; relevancy.

Judge: I think it is relevant as to who was present, and uh, the objection is over rulled. You may answer.

Q: And, I'll narrow my question's your honor. The only people that I'm interested in, are, anybody else that was there in a representative capacity, in the home, at 1700 Grand View. Who else was there?

A: Robert Shapiro.

Q: Alright. And you worked with Mr. Shapiro, correct?

A: Yes I did.

Q: And both of you were employed as, in your representative capacity as an attorney for Mr. Spector, at that time.

A: Correct.

Q: And that was in connection, not with something else, but with, the shooting that took place the day before, correct?

A: Correct.

Q: Alright. Um, did you actually go to the location with anybody else, or, by yourself?

A: I don't recall.

Q: Alright. Once at the location, what is the, and, I'm gonna trummet (?) it this way: the scene, if you will. Was the scene eventually turned over from law enforcement to, Mr. Spector's attorney's, you and Mr. Shapiro?

A: Yes.

Q: About what time was that, Ms. Caplan?

A: It was in the evening. It was perhaps around seven-thirty, eight o'clock.

Q: Okay. And, assuming that, it was the day after, that would have been on February fourth, yes?

A: Correct.

Q: Okay. Uh, sun was already gone down, starting to get dark out?

A: Yes.

Q: Where there, by the way, I should ask you this as well, so that we're all clear. You are no longer Mr. Spector's lawyer, as you sit here today? Correct?

A: Correct.

Q: And Mr. Shapiro's no longer Mr. Spector's lawyer as well, correct.

A: You'll have to ask Mr. Shapiro.

Q: To your knowledge.

A: To my knowledge.

Q: That's correct.

A: To my knowledge.

Q: To your knowledge what mam?

A: To my knowledge he is not.

Q: Okay. Um, Who else was at the location, when you, arrived, at around seven, or a little there after?

A: The Sheriff's were still there.

Q: Okay.

A: There were some people around the premises of the property.

Q: Law enforcement personel, or, individuals employed to your knowledge by Mr. Spector?

A: I think there were also just people. There were people. There were law enforcement people.

Q: Who else was there in, ah, that was part of the defense team if you will?

A: There was Robert Shapiro and myself. Dr. Michael Baden, Dr. Henry Lee, William Pavelic, Stan White. Jay Romaine was there for a while.

Q: Anybody else that you recall?

A: That's all that I can recall right now.

Q: Okay. Um, Mr. Shapiro is an attorney.

A: Yes.

Q: Uh, Mr. Baden is an expert.

A: Dr. Baden, yes.

Q: Dr. Baden is a forensic pathologist, correct.

A: Yes.

Q: Alright. You understand Henry Lee to be who?

A: Henry Lee.

Q: What does he do for a living?

A: He is a criminologist.

Q: Okay. Or a criminalist?

A: Whatever.

Q: Okay. An expert?

A: Yes.

Q: Mr. Pavelic; what does he do?

A: He's an investigator as far as I know.

Q: Stan White. What does he do?

A: I don't know what he does. I didn't employ him.

Q: Okay. He was there in some, some capacity, to assist Mr. Spector and the rest of the team, correct?

A: Correct.

Q: And Jay Romaine?

A: Correct.

Q: And lets be clear, Mr. Spector was not at the location.

A: He was not at the location.

Q: Were there efforts taken by anybody at the location who for instance, put up big ??? lights or flood lights?

A: A big flood light was put up, yes.

Q: And that lit the room, correct?

A: I don't know how much of the room it lit. It lit part of the room.

Q: Alright. You didn't have any trouble seeing, certain areas of the foyer, correct?

A: Correct.

Q: At any time, and I'm going to narrow my questions very, very specifically now. Ah, and try to get to the point. At any time, while you were at the location, did you see anybody, any member of the defense team, touch, move or manipulate, anything that could be reasonably be described as small, white object.

Webberman: Objection! Compound!

Judge: Over rulled. Counsel, you can not, can not object. I'm sorry. If you wish to speak to your client, you may, but you don't have standing in this proceding other wise.

A: You've asked me three different questions. I saw people touch things at the crime scene.

Q: Ms. Caplan, I'd ask you to put it in the disjunctive. Touch, move, or manipulate, any item, that could reasonably be described as a small, white item. Did you see anybody do that?

A: I saw someone touch a white object.

Q: Could you describe that for the jurors please?

A: Describe touching it or describe the object?

Q: I'll take both.

A: There was a piece of, there was something white, that I saw, that was about the size of my entire fingernail. And, I do not know what it was. I have no idea what it was. I called Dr. Lee's attention to it. He came over to it. He picked it up, and put it in a vial. I do not know what happened to it. I don't remember where I saw it. I don't know what it was.

Q: Okay. You're not a criminalist, obviously.

A: Obviously.

Q: You're a lawyer by trade.

A: Yes.

Q: Not trained in, criminalistics, in any way, shape, or form or fashion.

A: Correct.

Q: You didn't know what the small white object was, correct?

A: Correct.

Q: But it was, described as; I'm sorry. You described it as white, correct?

A: Yes.

Q: About the size of a fingernail?

A: Uh-um. Yes.

Q: I was on the floor, or on the ground some where?

A: I don't remember where it was.

Q: Let me ask you this. Let me see if I can narrow it a little bit. We're talking about a relatively palatial estate, at 1700 Grand View. You were in the foyer area of that house when you saw this object, correct?

A: Yes.

Q: That's where the flood lights were, is that right?

A: Yes.

Q: And that's where you saw, Henry Lee, uh, do what ever it is that he did with it, correct?

A: Correct.

Q: Alright. You just don't recall exactly where in the foyer where it was.

A: Correct.

Q: It was a, was it a flat object?

A: Yes.

Q: Did it have uneven edges on it?

A: Yes.

Q: Okay. Uh, you pointed it out to Mr. Lee?

A: Dr. Lee, yes.

Q: Okay. Um, When you pointed this out to Dr. Henry Lee, what exactly did you see him do, with that item, if anything?

A: I saw him, pick it up, and put it in a vial.

Q: What did you see him pick it up with Ms. Caplan?

A: I'm not sure what he picked it up with.

Q: Do you recall specifically testfying uh, at least on two different occasions at a previous hearing, in front of this Judge?

A: Yes.

Q: Okay. Do you recall specifically testifying that you saw him pick up this item, small flat, white item with uneven edges, with a pair of tweezers.

A: Yes, I did.

Q: Okay. Was that truthful testimony at that time?

A: That's what I believed he used.

Q: So, your best recollection, and I realize, it's been a little while, your best recollection Ms. Caplan, is that when Mr., Dr. Lee, I'm sorry, picked up this small flat white object with uneven edges, he did so with a pair of tweezers or something like that.

A: I wasn't focusing on that he was using to pick it up.

Q: You did testify under oath that i was in fact tweezers.

A: I also said it could have been the cotton swabs.

Q: Okay. Please listen to my question Ms. Caplan. Did you or did you not, testify at a previous hearing, that, what you saw him pick it up with, were tweezers?

A: Yes.

Q: Okay. As a matter of fact, counsel, I'm sorry. Linda. Sorry. Join me if you will in turning to page 1672, and that's the May third, ah, transcript. (Unintelligble) Thank you.

Objection.

Judge: I, I don't know what the next question is. Are you just, is, are you just going to ask her? Are you going to read the testimony that she just agreed that she has previously testified to?

Q: I was going to ask her specific questions about exactly how she termed it. In other words, if you'll allow me, I'm not going to read this yet so.

Judge: The objection is over ruled. You may proceed.

Q: Thank you. When you were asked questions at that previous hearing, and you testified on May third, is that correct?

A: Yes.

Q: Okay. When you were asked questions, and asked to describe what you saw, Dr. Lee do, you indicated, in other words, it wasn't a leading question. You suggested, or you indicated, "I saw him bend over and pick it up with a tweezer," correct?

A: Yes.

Q: Okay. Um, and subsequently you were asked some questions about, possible Q-tips, and you subsequently said, "Well, I guess it could have been Q-tips." And that was at a separate hearing, is that right?

A: Correct.

Q: Alright. Um, You saw Dr. Lee, pick this item up, with something. Manipulated it with something, not with his hands, correct?

A: Correct.

Q: And what exactly Ms. Caplan, did you watch him do with this item?

A: I didn't see him manipulate it. I saw him pick it up and put it in a vial.

Q: Okay. Maybe I'm being inartful with my linguistics. I don't mean to be and I don't want to cut hairs here. I'm asking you when he picked it up, what did you see him do with it?

A: Put it in a vial.

Q: What size vial, about?

A: I can't estimate size.

Q: Okay. Can you tell me if it was maybe this big? Or.

A: I'm going to guess, it's about six inches.

Q: Okay. About the length maybe of a dollar bill or so.

A: I, it could be.

Q: Was it cylindrical?

A: Yes.

Q: Was it clear?

A: Yes.

Q: Could you see through it? In other words, opaque?

A: I know what clear means, yes. You could see through it.

Q: And did it have some kind of a stopper on it?

A: It, I didn't pay attention to the stopper.

Q: Did you pay attention to whether or not Dr. Lee actually put the stopper on the top of the vial?

A: No, I did not.

Q: Did you ever receive that item: small, white, flat, solid item with uneven edges? Did you ever receive that in your capacity as an attorney, from Dr. Lee? Did you take possession of it?

A: I never had possession of it.

Q: In whose, when was the last time you ever saw that item?

A: The last time I saw that item was on February fourth.

Q: When Dr. Lee was putting that item into the vial?

A: Correct.

Q: And you never saw it again after that?

A: Correct.

Q: In whose possession, was the last person, you saw handling that item?

A: Dr. Lee.

Jackson: Thank you.

There's a moment of delay, and then Jackson get's up to ask one more question.

Q: I just have one last area, if you don't mind, with the court's indulgence Ms. Caplan. You're aware here in California, of the duties that you've said you've been...

Brunon objects, but the Judge says he will allow the testimony on the objection. Brunon asks for a sidebar. The jury intently watches the attorneys at the bench. When they are done, it appears Jackson doesn't get to explore this last area and Linda Kenney Baden is the one who gets up and performs the cross of Caplan.

Q: Good afternoon Ms. Caplan.

A: Good afternoon Ms. Baden.

Q:

A: I've known Dr. Lee since 1994.

Q: In prior cases, have you ever known Dr. Lee to

Objection! Sustained!

to be continued...

I was not in the court room the first time Ms. Caplan testified, and I wanted to see how different her testimony was this time on the stand. So sometime hopefully, I'm going to go back and rewatch Court TV's coverage, and transcribe it.

There were rumors in the courtroom that Jody “Babydol” Gibson would be one of the witnesses called to the stand next week. Finally! “It’s getting interesting!” Dominick said.

Wednesday, July 11, 2007

Fashion, Drama Queens & Who Needs Friends Like These?

UPDATED
First off, I could NOT BELIEVE the outfit that Rachelle Short wore to court on Tuesday. Talk about an eye opener. Granted, I grew up very much a tomboy, where I rarely (if ever) wore or owned a dress. My first vehicles were motorcycles that I drove cross country before I learned how to drive a car. So, I wouldn’t be the one to open up an issue of Vogue or Harper’s Bazaar to see what the latest fashions are, and what would be “in” among the mid 20’s crowd. I’m strictly a blue jean girl, twenty-four seven, which is what I’ve mostly been wearing to trial, along with a nice solid white or beige blouse.

That being said, I still expect someone who is in court every day to support their spouse on second degree murder charges to dress in a more conservative tone, regardless of how young and svelte they are. Rachelle was wearing a matching chocolate brown jacket and pants. The jacket (and the pants) were very form fitting. The short sleeved jacket was trimmed in white and a matching brown three or four inch wide belt was cinched tightly over it around her waist. I had to ask Beth Karas how she would describe Rachelle's pants, and the only word she could come up with was “knickers,” that ended just above her knees. At lunch, Beth (who always dresses to the nines and clearly knows high fashion when she sees it) pointed out to Mr. Dunne and myself that Rachelle's white four inch pumps were obviously by Christian Louboutin, (the signature red soles were the give away) and usually cost around $800 dollars or more a pair. After this bit of news, one reporter commented, “Money doesn’t buy class.” That’s for sure. Rachelle also had on her fall hairpiece today. You can tell it’s fake because the color doesn’t match her streaked dye job on her real hair. Now that I’ve got that out of the way, onto the witnesses the defense put on the stand over the last two days.

John Barons, a wanna be playwright who wrote Brentwood Blondes (which had a total of 12 performances in a small local theater) finally got his Andy Warhol 15 minutes of fame on the witness stand, and he milked it for every bit of melodrama that he could. With a variety of facial expressions, heavy sighs and reluctant admissions of shallow motives, John Barons described Lana as an overly demanding actress who “snapped her fingers” for a waitress at a breakfast meeting, made wardrobe demands he couldn’t fulfill and was overbearing and intimidating to the other cast members. He said the only reason he hired her in the first place (over the strong objections of his director who quit saying, “Lana or me!") was because the last three minutes of her sketch comedy DVD (which he described for the most part as "not very good") included an appearance by Roger Corman, ~someone he greatly admired~ and because of that, Barons thought Lana would bring in some high profile names to his production. Like everyone out there wanting to make it in Hollywood, he was hoping some big name would come to his play, and notice him. Steven Mikulen who writes for the LA Weekly, thought his testimony was much like Susan Hayward in I Want To Live!, "overly melodramatic." The only problem, Steven said was, “It was also boring.”

Mr. Barons, who testified last Thursday and this Monday, was first ~ in who knows how long a line of witnesses the defense plans to call~ to flush out the “true character” and “state of mind” of Ms. Clarkson. Barons’ play was a fanciful construct centered on three beautiful women, Marilyn Monroe, Sharon Tate and Nicole Brown Simpson, who died at the hands of powerful men, meeting in the afterlife. (It wasn’t until the end of his testimony during cross by Patrick Dixon, that we hear Baron’s ideas on who supposedly killed Marilyn Monroe: Joe Kennedy, Sr.) Mr. Dunne shared with the rest of the reporters that he knew all three of these women personally; Nicole Brown Simpson being the one he knew the least.

Lana Clarkson was a huge fan of Marilyn Monroe, and it’s evident when we later see pictures of her tiny one bedroom cottage, that was decorated in leopard fabrics and Marilyn Monroe memorabilia in virtually every room of the house. There’s no question Lana loved anything and everything about Marilyn, whom she identified with. So the opportunity to portray Marilyn in this tiny production was a dream come true. Unfortunately, it didn’t last. A little over a month after Lana had been cast in the part, Baron’s felt he was left with no choice but to fire her from the role. He admitted on the stand that he was quite upset, shocked, that after they spent an evening at his apartment reworking the script to reduce the size of her monologues, she walked into a cast rehearsal the next day and announced, “John and I rewrote the play last night.” Barons said on the stand that “I was pissed that she tried to take credit for my work.” (How dare she do that to him!)

He knew right then that he had to recast her as soon as possible, and was thinking of passing off the job of firing her onto one of the stage hands. He ended up doing the unpleasant deed himself when he got home and listened to a long five to six minute message from Lana on his answering machine. Barons, who admitted to giving an unpaid interview to Rolling Stone Magazine a few years ago, also testified to giving Lana a few tablets from his supply of Vicodin, to help her with her chronic wrist pain. When Barons was finally released from the stand, Mr. Dunne said he really would like to read the play, and I said to him, “Well go see if you can catch him in the hallway, because he’s on his way now take a bus back to Atlanta.” He was successful. Barons is going to send Dominick a copy of his script.

The defense tried present their next witness, Rauel Julia-Levy, but was prevented after the prosecution requested an ex parte hearing with the judge, stating they need more time to adequately vet this new defense witness who has crawled out of the woodwork. There is speculation that this witness is an impostor, so we may find out late next week or Monday the 23rd, if the defense is going to be able to call this individual to the stand at all. Rosen and the Judge got into a very heated argument about the number of ex parte requests the prosecution has made. The Judge really lets Rosen have it. Even the DA's office spokesperson said she has never seen Judge Fidler this angry with anybody before. She also shared that she knows Fidler and Rosen have known each other a very long time, and possibly may have been in practice together, but she wasn't positive on that point. For those of us in the court rooom, it was an exciting bit of drama to watch.

Next up was a nebbish, dorky looking man, David Schapiro, a comedy writer who developed a short term platonic friendship with Ms. Clarkson during the summer of 2002. She was part of a group of people who were meeting to develop a comedy sketch idea for television. (Several of the reporters speculated that his guy was probably dreaming for much more than a "just friends" relationship with Lana.) In exchange for free passes to movies and shows, Schapiro would often take Lana to dinner, who by this time, was struggling to make her rent, pay her bills and feed herself. On cross examination by Alan Jackson, Schapiro delivered the funniest line of the day. When Jackson was asking him about how the entertainment industry, and that it is a transitory business with ups and downs, and some times long periods between jobs, “It’s sometimes depressing, isn’t it? Jackson asked.

“You’re making me depressed right now,” Schapiro quickly responds, and the entire court room erupts in laughter. Broken up himself, Jackson replies, “Touché.” Schaprio, who felt Lana was an overly dramatic person who tended to embellish on the direness of her current situation, testified that their relationship ended over a request from Lana for a $200 loan to pay her rent that left him uncomfortable. When he did not come through with the promised loan, Lana ended the relationship. It was his impression that she felt betrayed by him.

Roger Rosen presented several e-mail communications that Schapiro had with Lana, going over the “starving actress” and other sad statements she wrote in her e-mail exchanges with him. However, on cross examination, Jackson gets the witness to agree that although Lana went to dramatic lengths to make a point, he never thought at any time she was at the end of her rope or would resort to killing herself, and he doesn’t think that today.

At the end of the day and continuing on into Tuesday, the defense put on a supposedly close friend and confidant of Lana’s, Jennifer Hayes Reidl. At the end of her testimony I thought, with friends like these, who needs enemies? Jennifer said she met Lana sometime in the mid 90’s through her "best friend,” a woman by the bizarre name of “Punkin Pie.” “Pie,” as she refers to herself on her myspace page, is an infamous person in her own right and was discussed by Ms. Hayes Reidl at length during her testimony on the stand. The prosecution has filed motions to either limit Punkin Pie’s testimony or prevent her from testifying all together. Originally born Irene Elizabeth Laughlin, from my understanding she legally changed her name to Punkin Pie some time ago. On her myspace page, she lists her age as “21.” It’s more likely that’s an emotional or mental age or some state of mind age, because her true age is most likely over 50.

Ms. Hayes Riedl, wearing heavy makeup and bleached white-blonde hair, looked like she spent too much time in a tanning bed or is a frequent beach lounge lizard. It looked like she couldn’t sit still on the stand. She was first used by the defense to introduce photos of Lana’s tiny rented house located on the canals in Venice, CA, although at times on direct, it appeared as if she was totally clueless on her role of describing the photos up on the Elmo. Jennifer, said she was a “very close friend” of Lana’s although not Lana’s “best friend.” She thought Lana lived in her cottage apartment “the entire eight years” that she knew her, but Court TV’s Beth Karas has reported that it’s clear, Lana only lived there two and a half years. Although she said that she had been to Lana’s cottage many times, she couldn’t even remember the address on the stand.

Ms. Hayes Riedl, a self professed interior designer, (who to me appeared self absorbed at times) verified that she was subpoenaed, but she also said she wanted to be here to “get the truth out there” about Lana. However, at times her testimony was quite contradictory. Sometimes she would say that Lana never gave up hope of becoming famous, then other times said that she was depressed to the point of giving up all hope, and would put on her “game face” for people. Lana supposedly shared with Jennifer the intimate details of her life, her hopes and dreams of becoming famous, as well as her thoughts on her stalled career and recently failed romantic relationship. Yet, she had very little say that was positive about her friend. The best she could say was that Lana was very funny. Ms. Hayes Reidl said she didn’t actually see Lana through most of 2002 because during that time she was pregnant and didn’t go out in the evening much. When she did meet Lana, it was with her friend Pie at promotional party events that Pie arranged.

In the last year of her life, she described Lana as someone who was very depressed and complaining about not having money for food and rent. She was supposedly devastated that her relationship with a Mr. L.B. Moon didn’t work out, because Lana thought, “he was the one,” and she was quite upset and depressed about it. Lana had presented her “Lana Unleashed” to several big agencies around town, and was crushed to the point of tears when the feedback she got was that it wasn’t quality work. Lana was hoping it would be picked up.

and The witness described her very good friend as someone who’s favorite drinks were champagne and tequila, and she liked to drink and take pills at the same time. “I’ve seen her take VicodinPercoset. I’ve seen her take a lot of pills,” she said. When she was drinking, Lana was “very controlling, very loud and boisterous.” When she was drinking, Lana would go from “Zero to extreme.” At Ms. Hayes Reidl’s baby shower that was held at a restaurant, she testified that Lana, who was still wearing slings from her broken wrists, was on pain killers that day and, the only one drinking. Supposedly, Lana drank enough at that event to get herself drunk. The defense then tries to ask Ms. Hayes Reidl about a champagne bottle.

Objection! Sidebar! Dominick leans in and whispers to me that Lana supposedly performed fellatio on the bottle. At the end of the side bar, it’s clear the defense does not get to get this event into the record, because they move onto another topic.

When asked if Lana was a neat, orderly person, her friend would only say that Lana was, “An anal-retentive person.” When Rosen asks her about Lana’s “state of mind,” Ms. Hayes Reidl talks about the last time that she saw Lana. Lana had come over to her house in early December 2002 to borrow black clothes. Lana had found a job at the House of Blues in a “corporate” type position. According to Jennifer, Lana was totally depressed and out of her mind that she had taken this nine dollar an hour job that wouldn’t even meet her basic expenses. Lana supposedly said to her, “I can’t believe I’m going to be pulling out chairs for people I used to beat out jobs for. It’s the lowest I can be.” Jennifer testified that, “She didn’t have any money, she didn’t have anything. It was horrible! A horrible thing.” She characterized Lana in the last months of her life as a “sad and pathetic person who just crumbled, who didn’t know what else to do to restart her career. She didn’t have any answers.”

When Dixon asks Ms. Hayes Reidl if Lana ever called her during the beginning of 2003, she gets quite defensive and replies several times in an accusatory tone, “Do you want to know why?!!!!” And then her poor me, victim excuse comes out. “I was trying to keep my two kids out of rehab!” Wow. Two kids needing rehab? I’m thinking, she must be a real piece of work as a mom. She also got quite defense when questioned about developing a show for HGTV, claiming that it “wasn’t an entertainment type show, and that it had nothing to do with Lana.” Soon after that, was some long rambling testimony about Pie, and having to be Pie’s “memory,” because Pie couldn’t remember anything. Jennifer said she was in the “wrong place at the wrong time” when the defense’s investigator, Tawny Tindle called Pie for an interview. She then made a totally foot in mouth comment about, that, if she knew that going to that meeting with Pie would result in her being here today, she never would have gone. And then she says something to the effect that if Lana had known how her evening with Spector was going to end up, she would never have gone with him.

Overall, I don’t believe the jury found her to be a very credible witness, especially when she appeared so surly, and talked about her “friend” in such a negative way. In trying to get a different perspective on how this woman came across, I asked a new trial watcher sitting next to me what she thought of the witness. She said basically the same thing I was thinking.

Update: 11:30 pm
I totally forgot to mention that Louis Spector and his companion were in court again today. Spector, maybe finally realizing that continuing to snub his son in court won't look good to the press, manages to stop by and give him a quick greeting and a hand shake again before he leaves the court room. Mr. Dunne stopped by on his way out of the court room to say hello. Louis got to meet Alan Jackson, who was very understanding of the difficult position Louis and his dearest friend were in, coming to the trial. Afterwords, they had a few words in private.

Monday, July 9, 2007

"He didn't say it." (The jury to Roger Rosen)

Several interesting things happened today. After hearing Vincent Tannazzo testify outside the presence of the jury in the morning session, Judge Fidler reversed his prior ruling and let this witness testify in the prosecution's CIC (Case in Chief). Louis came to court again today. This time one of his coworkers who was interested in observing some of the trial, met him at the court house. Louis, his friend and I had lunch with Mr. Dunne today. Mostly, Mr. Dunne and Louis talked while Louis's friend and I just listened. Mr. Dunne was disappointed that Louis's companion was not here today, but he has said several times that Louis is a very likable person and I agree with his assessment.

At the afternoon break, Louis was sitting in the back row of the court room, and when Spector came back in from break, he greeted his son again, reaching out to shake his hand. In the morning, Rachelle had smiled and waived a quick hello to him.

During the afternoon session, when Roger Rosen was cross examining Vincient Tannazzo, I was writing out some notes for myself on what I remembered of the discussion at lunch. I wasn't paying attention to the cross much, because I had heard most of it in the morning and was concentrating on writing out my notes on the lunch. I was glancing up, and I heard the Judge say, that he would have to check the transcript tomorrow regarding whether or not the witness had said something that Rosen was insisting the witness had. I looked back down to continue writing my notes about the lunch. All of a sudden, I heard a voice say, "He didn't say it." I looked up, and I see several jurors saying the same thing. More than one juror agreed with the first juror who spoke up and said, "He didn't say it." I did not see the first juror speak, but I did see other jurors nod in agreement and say virtually the same thing.

In the hallway at the afternoon break, Alan Jackson said, "Just saw the first time that an entire jury corrected a defense attorney."

Later in the afternoon session, either Beth Karas or one of the Court TV cameramen dropped a water bottle, and it made a bit of noise in the court room. One of the attorneys (I'm not sure which one), said something to the effect of, "Is that something to eject them from the room?" (That's not an exact quote.) The Judge replied ~with a smile on his face~, "It was an equipment malfunction."

Outside court on the street, I offered Louis a ride home, since we don't live far from each other and I had driven to court today. I had a wonderful time on the drive home, each of us sharing about our fathers and the things we have in common.

Saturday, July 7, 2007

Trial Notes, 6-21-07

I wrote a short entry about this day, here, about forgetting my notebook and Mr. Dunne loaning me some of his personal stationery to write on.


I was a mad woman, trying to drive into downtown Los Angeles. It's only about a seventeen mile drive for me, but there is basically only one route to get there from the San Fernando Valley and that's the 101 Highway. I get into downtown and find parking that's not to far from the courthouse. It's about 1/2 block more of a walk than my usual route from the Civic Center station. On the 9th floor, I don't see a soul, but notice there are people inside Judge Fidler's court so I quietly go in. There is another case being litigated in front of Judge Fidler, so I sit in the back row, waiting for this hearing to be over. Spector who has entered the court room turns in my direction. I smile at him and he smiles back. Slowly the court room fills up with the regular crowd, but there are a few new faces and the court's media liaison is not in the room. I tell a gentleman sitting in the front row that the victim's family will be sitting there, and he will need to move to another row. He actually asks me what case is next! He didn't even know he was in the Spector trial court room. I see Stuart James is in the front row again. Cutler and Spector are in deep conversation, like we have seen every morning.

Jackson, Dixon and Rosen discuss something before court starts by the jury box. Dr. Lynn Herold is on the stand waiting. The silver haired attorney (I think his name is Jerry) for the family is back. 9:35 am, and the clerk calls for the jury. There was some discussion on Court TV's forums about how the jury dressed. Do they dress up, or do they dress casual. I take a moment to note what each one is wearing. Since I am no longer identifying jurors by their number, I will just describe what I see, and note the row they sit in.

In the back row: One juror is wearing faded jeans and a button down cotton looking shirt. Another juror wears a suit jacket and shirt, no tie. Another juror is wearing twill pants and a short sleeve button down shirt. Another juror is wearing a matching outfit. Another juror is wearing a suit jacket, button down shirt, no tie. Another juror is wearing a casual shirt and pants. Another juror is wearing a white long sleeve button down shirt and possibly twill pants.

In the front row: A juror is wearing a long sleeve shirt and I can't tell what type of pants. Another juror is wearing a short sleeve button down shirt and jeans. Another juror is wearing a tight fitting shirt with another loose fitting shirt over that. Another juror is wearing what appears to be a blackish shirt and a tie. Another juror is wearing a short sleeve button down print shirt and pants. Another juror is wearing similar clothes as the last one. Another juror is wearing twill pants, a print button down shirt and a zip up jacket. Another juror is wearing a comfortable looking loose shirt and black pants. To me, they look casual. There are some jeans, but there are no T-shirts today.

Richard brings a bunch of research he printed out for Mr. Dunne in a manila envelope.

The direct examination continues of Dr. Herold by Alan Jackson, and the first issue is repeating Dr. Herold's conclusion that back spatter was not discovered any farther than two to three inches inward from the font edge of the chair Lana was sitting on. Dr. Herold testifies, "She was in the chair, head turned slightly to the right. I cannot tell where her hands were positioned.d Her head was back of the plane of the front arm of the chair and leaning to the right." Now they are going over the blood found on the gun in detail. Dr. Herold states that there was blood only in the engraving on the barrel, and not on the smooth portion of the barrel. "That was unusual," she says. "It doesn't happen naturally. Other areas, the medallion, same thing. (snip) The barrel had 'hazing' from like, wiping with water." Now Dr. Herold is discussing the smeared blood found on the gun. "There was a contact smear print (possibly palm) that could not be identified. (snip) The blood smear on the underside of the gun could not be made by Lana. There was no spatter there."

Now we are looking at photos on the screen of the 'stop notch' area. There was blood in the notched out recesses but not on the upper surfaces. Dr. Herold is certain that the kicking of the gun would not remove blood from all sides that blood was found on. There was back spatter down the cylinder areas, most likely from discharging of the weapon. Like on what she found on the dress, it was a fine mist like spatter. She found back spatter on four of five of the unfired rounds. There was also natural teeth material on the gun site.

The morning break is called. In the hallway, I get a chance to talk to Matthew from Sign On San Diego, and what his job is like. I ask if he gets much choice in the type of stories he covers. He tells me that he often gets to choose what he wants but they might not run the story. I ask him if he feels a bonding occurs with the journalists on these long cases. He felt that, yes, a type of "fellowship" happens on a long, high profile trial. He felt the hardest part was trying to avoid being in the camera shots at the end. As Plourd comes out of the court room, Matthew asks him who will be the first witness for the defense. "Dr. DiMaio," he replies. I ask him if Stuart James will also be testifying, and Plourd replies, "Yes."

Back in the court room, Mr. Dunne and I look over a copy of the police report (that Richard printed out for him) of Spector ranting and raving at the police. Beth Karas enters the court room, and I ask her about the rumor that was up on the Wikipedia Beth Karas page. She says the rumor is not true; she will be here on Monday. It's actually a mix up with Nancy Grace, who is the one who is leaving. When she heard the rumor, she said that she called her boss and jokingly said, "Is there something you're not telling me?" Two young, very well dressed attractive ladies come in during the morning session. After the break they are sitting in the row beside me to my right. I watch them pass notes to each other. They might be interns, or they might be court employees or DA's office employees.

Back on the stand, Dr. Herold states that the gun was in her mouth, straight on, in an upright position. Now up on the Elmo are photographs of the clothing Spector was wearing. The black pants and shirt, and the white ladies dinner jacket. Blood was found on the inside of the right shirt sleeve cuff. There were also white mineral deposits on the cuff of the shirt. A whole series of different minerals were found, like salt found in water. Dr. Herold said there was a "saturation event."

Q: Same as what you might find in tap water?

A: Some of them yes.

Q: Or what you might find in toilet water?

A: Yes.

Now there are more detailed photographs of his pants, turned inside out showing the blood on the pockets. I wonder if Spector actually had the gun in his left hand, and pass that note to Mr. Dunne. It's now that Mr. Dunne gives me some sheets of his personal stationery to write on. There are close up photos of transfer blood on the inside of the pants pockets.

Q: Dr. Herold, can you tell from the bloody transfer that something bloody was put on the inside of the pants pocket.

A: Yes.



There's no blood on the right side of the front of the jacket, but there is in the right side pocket. And I rethink my prior thought. Maybe he had the gun was in his right hand after all. I keep going back and forth in my mind; left, right? There is no water stain on the left shirt sleeve cuff. Now Jackson is asking her about some award she won, or something, and Dr. Herold said that she tied for first place with herself, because she wrote two papers. Everyone in the room laughs. Dr. Herold talks about her education and credentials. It's quite extensive. In talking about the stains on the jacket, Dr. Herold states that "Most of the jacket stains are mist like and there were pill balls of black fibers. There is an arrow placed on the jacket for every blood stain (she found). The stains are so tiny, they actually followed the fiber line of the weave of the fabric."

Q: They were too small to assign directionality to them?

A: Correct.

Now up on the Elmo, are images of the back side of the right sleeve, exterior of the jacket and the left sleeve.

Q: What types of blood did you find on this jacket?

A: There was spatter blood and transfer blood. (snip) Blood on the left side inside lining of the lapel is transfer blood. It's 11:45 am. It appears that AJ is almost finished.

The white haired man enters the courtroom and sits with Rachelle again.

Dr. Herold concludes that the white jacket was "within two to three feet of Lana Clarkson." Blood spatter was found in the folded edge of the left cuff. That cuff had to be between two to three feet from Ms. Clarkson's face and up towards the flow of the blood.

Q: Now, could that coat be closer than that outside foot boundary?

A: My opinion is that jacket was closer than three feet, but outside of the perimeter of the chair.

Q: Was the person facing towards or back from Ms. Clarkson?

A: The jacket was on Ms. Clarkson's right side. (snip) The jacket was forward facing. The arms have to have been raised because of the spatter on the back of the sleeves.

It's 12:00 noon, and the lunch recess is called. The jury exits, and there are a few motions put before the judge. There is a motion to quash the recent search warrant of the Castle. There are other motions, but they will be taken up next Tuesday. Spector embraces and kisses the man with the white hair.

After lunch, the hallway is filled with potential jurors from the three other court rooms at this end of the hall. Mr. Dunne is reading the paper, and a few reporters are making phone calls. 1:20 pm, Richard arrives. Mr. Dunne and Richard talk about the O.J. Simpson trial. Richard was there for some of the trial. When Steven arrives, I show him and Mr. Dunne some comments that have been left on my blog. Ciaran arrives, and he relays something Linda Deutsch has said, "Henry Lee will turn all of Lynn Herold's testimony upside down." I don't know if she said it jokingly or if she means it. It's widely known that Ms. Deutsch writes her stories with a pro defense slant. During the Blake trial, when I would read her pieces, I wondered if she was actually watching the same trial I was.

1:35 pm. The motion to quash the search warrant is now in front of the Judge, and Rosen is arguing the merits of his motion. Rosen has five basic arguments. The information is stale, the presentation of the affidavit (is an?) exparte communication. Warrant prepared 5/30/07 and served on 6/01/07. The real question to consider, measurements and photography. There's nothing that says anything was different. Rosen says, I was there with my team and Dr. Herold. They were dealing with precise and finite measurements." (It appears they are complaining about this further examination at Spector's Castle.) This should be handled as a discovery matter Rosen says. It wasn't handled as a discovery motion!

This is more defense BS, just to get this stuff in the record for appeal. Now Rosen is making the most absurd argument. He's complaining that the prosecution "went to 'this' court, to get the search warrant! They could have made a better choice than to come into 106."

Unbelievable. And he's getting paid to do this.

Pat Dixon gets up to argue the merits. Rosen then gets back up to talk about the grain in the wood steps of the stairway. "There's nothing to say that things are the same as 2003," Rosen says. The DA's spokesperson comes into the court room and sits in the front row.

The Judge says that "It's not stale because they're asking for measurements." Now they are going over Juror #6, the New Line producer, who's been called into chambers to be interviewed by the Judge and the defense. It's the defense who wants to question him. All of us speculate that the defense wants to kick him. Ciaran thinks that this juror might be too honest for his own good. This is all about the juror telling the court that he accidentally saw some newspaper headlines. We wonder: Does he want off the jury, and is this the way he's going to do it? Less than a minute later it seems, the juror comes out and heads back to the jury room. Nothing! It was like a 30 second hearing. The jury reenters the court room. Dr. Herold is back on the stand and Juror #6 is not kicked! Alan Jackson gets up and says, "No more questions your honor."


Q: Did you do any further tests?

A: No.

It's sort of the "I have the better expert" type of show down.

Q: What percentage (of her work) is spent on blood stain pattern analysis in the past year?

A: I reviewed about five cases.

Q: You use it on every case you look at?

A: Yes.

Baden is trying to show her as inexperienced. Dr. Herold says, "Of all the things I could be analyzing, so it's more frequent that I look."

Q: How many hours do you work a week on histologies, gastric... (etc.)?

The Judge has an almost "eye roll" expression on his face, with maybe a slight smirk when Baden asks this question.

Q: Have yo ever examined other intra oral gun shot wounds (gun to head only)?

A: No.

I write this note to Mr. Dunne. SHE HAS AN IRRITATING MANNER IN HER CROSS.

You can never know what those pressures are in the mouth (I'm pretty sure Dr. Herold says this, but I don't have it in my notes. ). You can't even know that as the pressures dissipates. Ms. Baden paces. A juror rocks in their chair and another takes an note. Dr. Herold says, "It really doesn't matter if it's in the mouth or not. That small spatter can't go more than two to three feet."

Q: If it's a particular size stain it can go up to four feet. (snip) German studies say it can go five to six feet.

I think Baden asks now if Dr. Herold consulted with any defense experts on this case.

A: I did not consult with anyone outside the laboratory on this case.

A juror looks out at the gallery.

The afternoon break is called. The hallway is full of jurors for other courts. The reporters make calls, and some appear deep in conversation. Back inside the court room, Alan Jackson and Dr. Herold confer. I didn't hear what Jackson said to Dr. Herold, but I heard Dr. Herold reply (with a smile on her face), "You knew this was going to happen.

When I pass this onto Mr. Dunne, he tells me I should write about that in my blog.

The break is over, and Baden continues her relentless cross of Dr. Herold, and the topic is the different types of ammunition in the weapon. Mr. Dunne offers everyone a mint. Now Baden is asking what literature the witness looked at, and she replies, "A paper by Stevens & Allen, which was in a laboratory setting." Baden is trying to make it a big deal, that Dr. Herold has not published in some areas.

The spatter goes to the hem of her dress, and inches inward from the corner of the chair. From the luminol test, it was determined that there is no areas of spatter that goes beyond the chair.

Q: Luminol works well with old stains.

A: Luminol works well with dried stains.

Baden asks about booties not being worn.

A: And your point is?

The jury really laughs at this.

Q: No one got down on their hands and knees to look at the carpet?

A: That's correct.

The Judge appears to have a sort of bored expression on his face, and then he quickly changes his facial expression.

Q: Do you know how much luminol was used?

A: Well, Steve Renteria is competent.

A juror is rocking in their chair; another juror is leaning forward. A juror is leaning back in their chair, their elbows on their chair, hands clasped. Now the juror leaning forward is leaning back, taking some notes. Another juror has their arms crossed. Another juror yawns. Another juror picks at their nails. There is a question by the judge over the way Ms. Baden is pronouncing a word "misting" vs "mist stain" and even the Judge wasn't sure, attributing it to Ms. Baden's New Jersey accent. There is laughter in the court room over the Judge's comment. Spector is slumped in his chair, looking down. Rachelle is wrapped in that fleece blanket, and it looks like from my perspective, she's nodding off. It's 3:35 pm.

Q: You were taught not to compare drops on different articles of clothing.

A: I was cautious and conservative.

Q: Did you get an exemplar jacket to do any testing to get the size of spatter?

A: No.

Q: Did you get an exemplar jacket from Ms. Clarkson? (Now, how in the world would she have done that? From Ms. Clarkson? Sheesh!)

A: No.

Q: Do you have the date that you photographed that black shirt?

A: I'd have to look through my file and it would take some time.

Baden: You can get that for us over the weekend.

Now she is asking her to look at a blow up image of Spector's booking photo, and you can see those white stains on the shirt, and Baden is asking her a question about it.

A: I would never make a determination like that (using a photograph).

Q: Hypothetically. (snip) Do you know how long those clothes were at the Alhambra Police Dept. before you got them? (snip) Do you know how they were stored? (snip) Where in your notes do yo say it is smokeless powder (from the cuffs of the jacket)?

From my notes, it looks like Dr. Herold says she can't remember, but she's going to search her file about that while on the stand.

And that must be the end of testimony for this day, because that's the end of my notes.

Friday, July 6, 2007

Trial Notes, 6-19-07

You would think with all morning to sleep in and get my chores done, I'd be able to get to the court house on time for the afternoon session. But I miss my bus by about 30 seconds, and the next one is ten minutes away. I debate within myself to get back in the car and drive to the North Hollywood Red Line station, and struggle with finding parking. After this internal dialog, I stay put. In the morning, there is a bus every five minutes, but not this time of day. I hope the trains are still running every ten minutes and that I catch still one just in time so I'm not too late for court. At the Red Line, I just make the train and figure I should be able to be on the 9th floor by the latest 1:20 pm.

1:08 pm. I get to court faster than I anticipated, but the security line is huge. It goes all the way from the back of the building (where the security scanners are) to the front and all the way to the back of the building again. It was a good guess. It's 1:18 pm when I finally reach the 9th floor. When I was in line, I offer Harriet Ryan a cut in line, but being the very ethical person she is, she declines my offer saying, "I don't want to live in a world like that." She thanks me anyway. Dr. Lynn Herold is here in the hallway, waiting. In this prior entry, I wrote about Spector returning a book that Mr. Dunne had lent him. Beth Karas is wearing this absolutely gorgeous pink suit. The material looks some what seersuckerish, almost crepe like, and I compliment her on it. I ask Steven if Kate's article is online yet. "Yes," he replies. "It's in print and online." Mr. Dunne and Beth discuss a meeting that Mr. Dunne has to reschedule. Stan Goldman, the law professor who's often on Court TV is in the courtroom. I notice that Rachelle fixed her hair today, and is wearing a deep purple suit.

Mr Jackson leans into the first row to tell the family about extensive photos, and to be prepared. Dr. Lynn Denise Herold is on the stand and Mr. Jackson will be performing the direct examination of this witness.

Dr. Herold is a forensic scientist, or "criminalist" as they are called on the West coast. She says she's a "trace evidence analyst." In this case, she provided blood stain pattern analysis. Dr. Herold has a Bachelors and a Ph.D. in biological sciences.

Q: Do all of your disciplines interplay with each other?

A: Yes. We are sort of the "Jack and Jill" of all trades.

Q: Educate the jury on some of the terminology.

A: Blood stain pattern analysis is the applied interpretation of looking at where blood has been shed. (snip) It's based on several sciences: biology, physiology and physics.

Q: What is analysis of blood spatter?

A: For the way we see the world.

(That's what I have for the answer to that question, but since it sounds so strange, I'm sure there is more that I missed writing down.)

Two very strange characters enter the court room and sit in the back. I write this note to Mr. Dunne: LOOKS LIKE SAME GUYS AT BLAKE TRIAL. The two elderly men are wearing cowboy hats and gear, and have full grizzled beards and long wild, white and gray hair. I'm reminded of the guys from ZZ Top. I see a juror in the top row lean against the wall.

When Alan Jackson wads up a piece of paper and throws it for a demonstration for the jurors, he apologizes because it's one of Dixon's papers. Lana's mother and her attorney laugh at that comment, along with the jury and others in the court room. Mr. Jackson makes sure to set up a lot of foundation questions regarding the analysis of blood spatter. A juror in the top row is really watching Mr. Jackson and then the witness for her answers. Jackson often uses his arms and hands while he's asking a question. Now Mr. Jackson is mentioning Stokes Law. This is the law that determines how far tiny particles can travel, and most criminalist's agree that the farthest they can travel is a maximum of four feet.

I notice that there is a new expert on the defense side, taking notes. Maybe they hired someone to replace Dr. Lee? Now Alan Jackson actually mentions Quentin Tarentino in one if his questions to Dr. Herold.

Q: How Quentin Tarentino does it in the movies is not quite how it is according to physics?

From memory and not my notes, I believe this is when Dr. Herold explains the errors that Mr. Tarentino makes with all the blood spatter. The three questions that Dr. Herold was trying to answer were: Where was Lana; where was the gun, and where was the white jacket. Now there are photos of Lana's face close up again on the Elmo. The new person who was sitting with the family yesterday is here in court again today. And as the photos are put up on the Elmo, he takes Donna Clarkson's hand and doesn't let go of it. He holds it firmly.

Dr. Herold testifies that there is blood smear on her lower face and right side of her neck. As if it has been wiped. Lana's family looks away from the screen. Now there is a photo up on the Elmo of smeared blood all up into Lana's hair. Rachelle is slumped way down on the wooden court room bench. Mr. Dunne leans into me to point out that Spector is watching the images on the over head screen. Another group of interns, about eight of them, enter the courtroom.

Q: (This) confirms the blood has been smeared by another person?

A: Yes.

Now they are discussing the diaper. Dr. Herold states that the diaper had diluted blood stains and the "wetness" was probably water. There was smeared and clotting blood on her face. Only on her face was there clotting blood. "Common sense tells us that the diaper was used to wipe her face." Dr. Herold states that she was the individual in the lab who tested and observed all items first (before they were handed off to other scientists). She ordered mircophotographs taken of the dress.

Q: Were you surprised at the large amount of blood spatter?

A: To me, no, there was not.

Donna Clarkson leans on her attorney. Their bodies are very close. Mr. Dunne and I exchange a few notes as we observe Ms. Clarkson get close with her attorney. Dr. Herold testifies about the blood flow and body material found on the right side of her jacket. Now she is testifying about the blood spatter that was found on the top of the right shoulder of the jacket and back.

The court takes a quick break, and at 3:05 pm we are back on the record. Dr. Herold states that it takes at least three to five minutes to visibly see "stringy material," which is blood clotting. She states that, "Before the wiping (of the face) there was a period of time for the clotting to occur." At the break, Mr. Dunne finds out from Bruce Cutler that Dr. Lee is coming and will testify. Now there is a ton of detail about the buttons and the saturation of blood on the left sleeve that occurred during the purging at the coroner's office. Now the purse is mentioned. Dr. Herold testifies that the purse was on Lana's right shoulder. It has a three inch wide strap. It was on the edge of the jacket shoulder, just about to slip off. The back strap was twisted, and hooked onto the arm of the chair. So the purse was flipped around, into an open gaping position, putting the back of the purse in the front.

There was blood on the shoulder strap, on the purse, on the chair, in the purse and blood dripped onto the floor. Spatter was found on part of the purse strap. "This spatter did have a direction. It did have an orientation," Dr. Herold testifies. The purse was in "that position" when the gun went off, and that's based on spatter evidence.

Q: The purse was hung up on the arm of the chair and twisted into an uncomfortable position.

A: Yes.

I make a drawing in my notes of the purse. Think of the purse as sort of a half circle on it's side, and the single strap goes from one end of the straight line of th half circle to the other. There now is a photo up on the Elmo, a close up, where you can see a long directional drop that hit the purse in a steep angle. This goes to Dr. Herold's conclusion that the purse was in this twisted position when the shot was fired. Now they are moving onto Lana's hands.

The Judge interrupts the proceedings because Juror #2 needs a new pencil. Dr. Herold testifies that she was not able to place where Ms. Clarlson's hands were because these particular photos were of poor quality, and the fact that Ms. Clarkson had freckles on her hand. Dr. Herold testifies that she "did not see an abundant amount of spatter on her hands."

Now going over Lana's left hand. There is spatter above the first knuckle. There is also a left hand transfer smear at the wrist. Dr. Herold goes onto explain the difference between smear analysis and contact analysis.

Q: (Was it) a subsequent event to the gunshot, the smeared or transferred blood?

A: If I'm understanding you correctly, yes.

It's now that I see the family attorney lean in and kiss Ms. Clarkson on her left temple! I show my note on what I observed to Mr. Dunne. Dr. Herold testifies that there was no blood on Ms. Clarkson's shoes. There was no blood on her pantyhose. Now Mr. Jackson is asking Dr. Herold about the spatter and blood drips on the chair. Court is almost over for the day. There was no spatter on the legs of the chair. Dr. Herold states that the "antiquing" on the chair can be mistaken for blood spatter via the photographs. The farthest distance blood spatter is found is an inch or two in from the front seat edge on the right side of the chair. There was no spatter found farther than that. This is huge. This blows the whole defense theory that the spatter that landed on Spector's jacket flew six feet like Dr. Lee has insinuated on television.

And that's it for testimony for today. There is a motion about a discovery issue. I believe it has to do with Dr. Herold photographing slides that Dr. DiMaio put together and turned over as evidence. The defense wants the microphotographs that Dr. Herold took. It looked like Linda Kenney Baden was taking notes all during direct. She will most likely cross Dr. Herold.

At the end of the day, the new face on the defense side is finally identified. Stuart James, a blood stain analysis expert. He was sitting in the front row on the defense side taking notes. Outside the court room, several of us discuss Dr. Lee. Matthew, (from SignOn San Diego) and Ciaran (City News), both feel that Dr. Lee will be here to testify to clear his name. We'll just have to wait and see.

Thursday, July 5, 2007

One of my favorite topics: Dr. Peter J. D'Adamo

One of my favorite topics is The Blood Type Diet which I have been following for almost ten years now. (If you've read any of my posts at the Court TV Phil Spector Forum, you might know that I've mentioned I'm on a special diet, which is why I take my lunch most of the time to court.)

If you've never heard of it, I'd be really surprised. Dr. Peter J. D'Adamo's books are still best sellers, ten years later. His books Eat Right 4 Your Type and Live Right 4 Your Type are still in hard back and consistently out sell any other diet book out there. Just check Amazon for the rankings. The diet is based on known scientific research, and you can read all about that on his web site, and through The Individualist, a wiki he developed that documents everything related to human polymorphism.

I mention him today because Dr. D (as he's called on his message board, where he occasionally contributes and where I'm honored to be one of his moderators) has a new blog entry about working on the finishing touches to his upcoming book, The GenoType Diet. Hopefully, the book will be released at the end of this year.

I am working on getting all of my detailed Trial Notes caught up and posted before court resumes July 9th in the Phil Spector trial. I've got about seven more court days that I covered to type out, so if you're interested, please keep checking back for new entries.

Trial Notes, 6-18-07

I catch a 7:55 am Orange Line bus. As I wait, I'm hoping I can just make the 8:19 Red Line train. That would put me on the 9th floor right before 9:00 am, and I won't miss the start of today's proceedings. They are starting early to continue with the Sara Caplan issue again. Even getting out of bed at 6:00 am, there doesn't seem to be enough time to feed the kitties, take a shower, do my morning chores, get my clothes ready for court and finally, fix breakfast and pack a lunch. Normally my husband is the cook for most meals, but today he was running late, and I had to add that to my to do list.

I make the 8:19 am train. There's another bicyclist in my car. This time, it's a gray haired man with a moustache and a red helmet that matches his bike. It's very stuffy in this car, and I wonder if the air conditioning is working properly or not.

Many have been upset that it has taken so long for Spector to go to trial and attribute it to him having money and switching attorneys. That is only part of the answer. I recently found out that defendants who are incarcerated are on a faster track to trial. That's just the priority they get. Since Spector has been out on bond, his trial has been on a slower track. Spector is charged with second degree murder, and he was granted bail. Supposedly, he did have to put up one million bond to keep out of jail. I notice a man on the trian. Mike Nifong has been in the news quite a bit lately since he was disbarred, and this man could pass for his brother, if not Nifong himself.

I get to court just in time for the proceedings. Ciran and Steven and Mr. Dunne and I all sit in the same place. A new face, a man, is sitting with the family in between Ms. Clarkson and her daughter. We all wonder if this is a family member, or another one of the legal team. The reporter Michelle is finally back from having to literally sit in the women's jail and wait for Paris Hilton news. Mr. Dunne is quite happy to see her and they catch up. Linda Deutsch comes over to talk to Dominick about a cocktail party he went to for Paris Hilton's father. Since I am sitting in between them, I ask them if they would like me to move while they talk, but they both indicate that it's fine, just stay.

A motion is presented by the defense to squash a new search warrant of Spector's castle, (it's supposedly to just take measurements of the foyer) but I believe it fails. I don't have it in my notes what happens. Mr. Dunne whispers to me what he thinks of Linda Kenney Badens hair. Rosen asks if they can all approach the bench. Linda Deutsch asks Dominick if there's any truth to Barbra Walters possibly hiring Paris Hilton for her ABC show, The View. Supposedly, in some circles this is being speculated. According to Mr. Dunne (who spoke to Ms. Walters at this party), Barbra will interview her, but that's all. I see Spector and Cutler talk, like they do every morning before court starts. I ask Michelle about her wrists. She says they are a bit better because she didn't have much writing to do sitting down at the jail. The chatter in the gallery gets pretty loud and the Judge yells out and admonishes all of us that the court reporter can't hear (what's being discussed at the bench).

Over the weekend, Beth Karas took Mr. Dunne to see Lana's house. Brunon is sitting at the end of the defense table, looking like (to me) he has nothing to do. Linda Kenney Baden and Rosen are still at the bench with Jackson and Dixon. Plourd is sitting off by himself, set back behind the defense table at a chair in front of the bailiff. A slew of very young looking, professionally dressed people enter. It looks like these are more interns with the DA's office. From what I can see of his face, Cutler appears to be very empathetic in his conversation with Spector.

Now all the attorneys proceed into chambers. Rosen, Brunon, Jackson, Dixon, and Caplan's two attorneys Nassiter and Weberman. It's 9:25 am, and Mr. Dunne thinks they came to an agreeent about Ms. Caplan testifying. I observe Spector being quite a bit animated talking to Cutler. Mr. Dunne shares with me his thoughts on why he thinks Cutler is still at the defense table. Ron and Richard are here today, and they ask me who I write for. I tell them I am just a public person like them attending the trial, and writing about my court room experiences on the Internet. They ask for the web address of this blog. Mr. Dunne then asks me to write down the url address for him, too, and I write it in his little book for him.

A woman with stark white hair comes into court accompanied by a woman with short blond hair. Richard and Ron tell us this is the Asian transsexual, an occasional guest on the Court TV shows who used to be a man. Mr. Dunne says he's been on television with her, but doesn't know her name. Richard and Ron said they've seen her try a case when she was a man. The blonde who is sitting with the Asian transsexual comes over and shakes hands with Richard and Ron.

Plourd and Weberman come back in. Rosen, Brunon and Plourd chat. From what I can make of my notes, there was an informal discussion to see if a stipulation regarding Sara Caplan could be agreed to. The offer was not accepted by the defense, so the Judge says that we will proceed with the contempt hearing at 1:30 pm. Oh my gosh! No agreement. Ms. Caplan will be held in contempt! Mr. Dunne wants to leave the courtroom quickly to phone his editor, but he's afraid that he won't be let back into the courtroom. So, he stays.

James Carroll, the prosecution's firearms expert, is back on cross by Linda Kenney Baden. Ms. Baden asks if the shotgun found in the residence is a "riot gun," and Mr. Carroll says he would have to check his notes.

A: It's a name stamped on the gun by the manufacturer.

A juror in the front row takes notes. Richard passes a note to Mr. Dunne about the Asian woman. The defense attorney on the Wodman Trial about ten years ago used to be a man.

Q: You did not test the gun for pressure curve?

A: I don't have the capability to do that.

A juror in the front row has their arms crossed, and the juror right next to them is picking their nails. One juror in the back row is looking down, and the juror next to them is watching the witness then the attorney; back and forth. Another juror in the top row is doing the same thing, watching the witness, then back to the attorney. Another juror in the back row looks out over at the gallery. Another juror appears a bit jittery, moving about in their chair.

Mr. Carroll testifies that, "I would consider it dangerous to put your finger on the trigger unless, you're intending to fire."

The same juror with crossed arms still has them crossed. The juror next to them is taking lots of notes. A juror in the back row has their hand on their face, while another juror rubs their face. Another juror yawns and readjusts themselves in their seat. After seeing the juror yawn, I yawn too, by reflex. Earlier, Mr. Dunne asked me what I was observing in the courtroom, and I pointed out that a young child was sitting in the back row with the prosecution's clerk, Ed, and I was wondering who it was. One of the reporters says, "Hey kid!" And the rest of us stifle our laughter.

There are more questions about sound tests and how they were performed. I shake my head. All this detail about the number of shots with other ammunition, and where the witness was standing in relation to the back door when he test fired a similar weapon. Now they are going over which detectives were at the scene when the witness did his tests. Linda Kenney Baden paces at the podium.

Q: What was the forensic question you were trying to answer?

A: Where was the firearm in relation to Ms. Clarkson.

Linda Kenney Baden was trying to get the witness to say that Dr. Herold influenced his conclusions and he won't say that.

Q: How did the powder wound get on Lana Clarkson's face?

A: That was the question. How did particles get inside her face because there were no stippling marks.

A very child like drawing or diagram is up on the Elmo, which is part or this witnesses' notes. The witness explains that this was just his attempt at working through the questions he was trying to answer. The jurors appear a bit restless. One juror is leaning forward with their hand on their chin, then quickly takes a note. Another juror in the back row takes a note. A juror in the front row yawns. Another juror in the back row is resting their hand on their face. A juror in the front row has their arms crossed in front of their chest, and one of the alternates removes their glasses and rubs their face. Mr. Dunne and Michelle exchange a note.

The witness refers to his notes to try to answer a question about discussing with Dr. Sherry about the bullet splitting into fragments. From my notes it's not really clear, but I believe the criminalist was trying to determine if the gun was in alignment.

Two jurors are leaning back in the chairs in the back row. An alternate scratches their head while another alternate yawns. More interns from (I think) the DA's office enter the courtroom after the last batch left. Two jurors in the back row take notes. I finally get a peek at the face of juror #2. From where I've been sitting before, I could barely see him. The Asian attorney and her friend leave the courtroom.

Since I find the cross of this witness exceptionally boring, I watch the jurors and take notes. A juror picks at their nails, and another has their arms crossed. The juror next to arms crossed takes several notes. Two alternates are leaning forward in their seats. Linda Kenney Baden is asking detail after detail question about the witnesses notes for testing the thumb lock. She's really hammering him now about something in his notes. It's something that's in his notes. He finally finds what she's looking for. "Frantically trying to leave." The witness explains that the note is a question posted to him and not his thought. The witness states that he couldn't determine anything from the thumb latch because he didn't have the shaft. Linda Kenny Baden in her questions and her tone, is trying to make that a big deal. Now Ms. Baden is going over in detail, anything that he didn't write down in his notes when he casually spoke with Dr. Herold about the gun gasses and pressure (inside the mouth).

A juror in the back row is rocking in their chair back and forth. Cross is finished, and Alan Jackson conducts the redirect of this witness. The "plane of the face" is reclarified by Mr. Jackson. "It's not the back of the throat. The target is from the lips." (I'm not really understanding my note that I wrote, but there it is.) A juror in the front row takes a note. Jackson reverifies that the tests performed inside the house were for sound only and not to recreate the shooting event.

Q: Did any of the discussions you had with any of the other people you discussed the case with, Dr. Herold or anyone else, change your opinion?

A: No.

The witness is not at all concerned if his opinion is liked or not. He applies scientific principles to perform tests and come to a conclusion. The witness testifies about the recoil of the gun and that it is a backward and upward physics reaction. The recoil and muzzle flip caused the contact with Ms. Clarkson's teeth. Mr. Jackson is getting the witness to agree that when Ms. Baden talked about muzzle pressure and other pressures, it was inaccurate. The 17,000 psi is for chamber pressure for 38 special ammunition. Mr. Jackson goes over "the law of motion" and the gas pressure at different points in the barrel. About the bullet the witness replies, "Once it leaves the barrel, it is not like a jet. It is no longer propelled. It's under flight. (snip) Once the bullet left the barrel of the gun, everything is different."

Now Mr. Jackson is going over the thumb latch again.

Q: You're also a tool mark expert?

A: Yes. (I'm a) Member of the Association of Fire Arms and Tool Mark Analysts.

Q: You were asked two different disparate possibilities and whether or not there were any marks that determined that one way or another. There didn't appear to be anything wrong with the set screw?

A: No.

Q: Did there appear to be anything wrong with the the thumb lock?

A: No, there did not.

Redirect ends and Ms. Baden's recross begins.

Q: Do you know how old the lock was?

A: No, I do not.

Q: Do you know if it had been loose from normal wear and tear?

A: No, I don't know the history of this thumb lock.

His ultimate conclusion is, the gun was in the mouth. The Judge even leans forward with a puzzled expression on his face when Linda Kenney Baden asks about the "heats" of the gun, and she spells it for the witness.

Judge: Heats of the gun?

The Judge has his hands clasped in front of his face.

Recross ends and Mr. Jackson's redirect begins.

Q: And those forces, they're happening inside the gun, correct?

A: Yes. The gun and the barrel.

I don't have it in my notes, but it appears that they are finished with this witness, the break is called. The attorneys are going over the rant by Bill Pavelic that's on his blog. The Judge says he's never received a copy of this "open letter" directly from Mr. Pavelic. "Pavelic's allegations are unsworn and unsupported and his memo is an unsworn statement. If you want a hearing on it, the Judge says."

At the break, I try to peer into the jury box to see which jurors have more than one notebook. It appeared to me that #7 was on their fourth notebook. There were also notebooks on the floor between jurors #1 and #2, but I couldn't see which juror they belonged to. Michelle and Mr. Dunne discuss Bill Pavelic and his role in the O.J. Simpson case. From what I'm understanding of the conversation, Pavelic may have disposed of a tape recording.

The next witness on the stand is Steve Dowell, and Mr. Dixon will perform the direct examination. I've seen Steve Dowell testify before in the Robert Blake case. Mr. Dowell is a criminalist with the coroner's office, and he testifies to his credentials. He's reviewed over 7,000 cases for gunshot residue (GSR). He also holds a specialty in tool marks and biological materials. Mr. Dowell states that he knew Dr. Herold from her ten years at the coroner's office. She made a lateral move and now she's at the Sheriff's Office.

Q: You were one of the few who did not go to the crime scene.

A: That's correct. I did not go to the scene.

Mr. Dowell has been with the coroner's office for 27 years. He looked at and analyzed the GSR test (from Ms. Clarkson's hands). GSR is a family of particles: lead, barium, antimony. Dowell goes on to explain the difference between "highly specific" particles (those that contain all three elements) and particles "consistent with" GSR (those that contain one or even two of the elements combined). Lead can come from GSR or it can come from a hobby. Mr. Dowell explains how the GSR test is performed using a demo kit for the jury. The GSR kit that was used to collect GSR from Ms. Clarkson was kit# B6305. Anything having to do with the body, the coroner's office will do the investigation. The kit from Ms. Clarkson's test is marked into evidence.

Q: What did you do with it (the kit)?

A: Since the particles are microscopic, an electron microscope is used in conjunction with a scanning micrometer. An automated search is set up. The machine looks on the sample and then looks for the particles on the test kit. (snip) The decedent either fired a gun or had her hands in the general area. She either fired a weapon or had her hands near one.

Q: There's no scientific way to tell?

A: There is not. (snip) On live individuals, you have an opportunity to remove particles. Any activity on the hands has the ability to remove particles.

Mr. Dowell attended a portion of the autopsy. He entered sometime after the autopsy started. It was Dr. Pena who asked him to come down to receive tissue to analyze for GSR. His principle responsibility is to analyze material to help understand the case. A juror in the back row is really leaning forward and watching Mr. Dixon and the witness. Mr. Dowell used a new GSR kit (#B6797) to test a section of the tongue (the left side) where he found many consistent particles of GSR. He tried to test another area for a control, an outer part of the tongue, and he came up with the same result; many consistent particles.

Dixon turns to Lana's mother to warn her of upcoming photographs. There are four images up on the Elmo now, all of Ms. Clarkson's tongue. The images show the stelate wound and areas of damage that the witness states is consistent with gun powder. Lana's sister stares straight ahead. My notes are not clear, but it appears direct is finished soon after this and Linda Kenney Baden gets up to cross this witness.

A few initial questions are asked of the witness, and I watch a juror take a note right as the stelate wound on the tongue is being discussed. Right after that, the noon recess is called. You can read a short entry about my lunch with Mr. Dunne and what happened at Ms. Caplan's hearing outside the presence of the jury in this prior entry.

After lunch, waiting in the hallway for court to resume, Mr. Dunne reads a paper and I go over my notes. Mr. Dunne sees there is an article about Sheriff Baca, where it mentions that he's a Scientologist. My opinion of Scientology is, how can you respect a religion that was thought up on a whim by a science fiction writer? The hallway is full of potential jurors for the other courtrooms at this end of the hall. I see an older gentleman in the hallway who I spoke to several times at the Robert Blake trial. He's come to this trial several times already and I make a point to say hello.

As Sara Caplan's attorney Mr. Nassier walks by, I think it was Ron who asks him, "Did you tell her to hit the road?" Nassiter replies, "Yes! That's exactly what I did!" Mr. Nassiter laughs, and then says, "Are you tape recording this?" Mr. Dunne, Ron, Richard and I all laugh. Mr. Dunne says, "That was funny," and then everyone talks about the attorney with the sex change who stopped by to watch some of the trial. I'm wondering if she was here because she was interviewed on Court TV for a legal opinion about the trial.

1:28pm, we are finally let back into the courtroom. The little girl is back in the courtroom. I note that Rachelle is wearing glasses today. Beth Karas has on this simply adorable lilac jacket. I read on another blog that she knits and makes her own matching necklaces. I find out over a week later that it's her friend who makes the jewelry for her. Sara Caplan has changed clothes. She's replaced the very unflattering peach color suit for a black suit. I almost forget to shut off my phone. It makes a ton of noise shutting down, and Mr. Dunne, the prankster, points his finger at me laughing saying, "It's her! It's her!" Trying to get the attention of the bailiff. There is a man with a mass of white hair dressed very casually who is sitting beside Rachelle. He was here for the morning session also. The Judge makes a citation according to a different case on how this is to proceed. Mr. Nassiter makes on last bid to not have Ms. Caplan held in contempt of court. Spector is leaning forward, intently watching Sara Caplan. During the whole process, the courtroom is very quiet, and Ms. Caplan is on the verge of breaking down. She's about to cry. Now she's crying. She's sobbing on the stand.

When the whole process is over, Beth Karas tells us the little girl is the daughter of Rick Campo, one of the ADA's. At first, I thought this little girl was Caplan's daughter, and the family attorney turned and said something to the effect that, that would have been terrible to have had her daughter here, for this contempt hearing. Michelle remember's Ms. Caplan being pregnant after the O.J. Simpson case, so her daughter would be about 11 years old, and a bit older than the child who was in court today.

The reporters think that after the appeal hearing Judge Fidler will put her in jail. Apparently, under the California Civil code, Judge Fidler can hold her for up to eighteen months on a contempt charge.

2:05 pm, the jury is called back into the court room. The cross of Steve Dowell continues by Linda Kenney Baden. Ms. Baden goes over the stelate wound on the tongue again, and that there was some "gun material" on the tissue of the soft pallete that was consistent with gun powder. More testimony on the GSR tests and the witness testifies that he looked at each one as separate samples. The jury is intently watching Mr. Dowell explain where GSR escapes from the gun. Rosen hands Ms. Baden a note.

Q: How do the particles get propelled fourteen feet outwawrd?

Objection! Beyond scope.

Judge: Sustained!

To me, the questions Ms. Baden is asking are geared to get an "I don't know" or an, "I can't answer that" response. The jury appears to be alert. Maybe it is due to the extra long lunch they got today. One of the reporters is of the opinion that an order of contempt is like a black mark on an attorney's record. Another person comment's that they better brush off Paris Hilton's jail cell. Someone else says, "This clown of a defense team called her (Sara) to the stand." I note that, when Ms. Baden raises her voice, she gets very shrill and accusatory in tone.

A juror in the front row has their arms crossed and a juror in the back row watches something in the gallery for a second. Another juror in the back row rubs their neck.

Now Baden is going over the broken vial with the dental material in it.

Q: Even at that meeting, no one admitted to breaking that vial, correct? Because of that, item #10 being missing, we don't have that item, is that correct?

There might have been an objection here, but I don't have it in my notes. I did note that the Judge interputed cross to mention that "both sides" were "repeating and repeating answers. The witness did testify. I head it; the jury heard it." The Judge then admonishes both sides for continuing to repeat questions. Ms. Baden asks the witness about GSR and handwashing. Steve Dowell has done a lot of testing in that area. Regarding highly specific particles, Ms. Baden asks if they possibly exist in break linings.

A: Yes, but also there's a great amount of lead (in those particles).

Q: There are different standardars for finding a test positive (for GSR) correct?

A: There are differences in that the number of particles must come to a certain level, before it can be considered, yes.

Q: The FBI after 2003, doesn't test live persons (do they)?

A: It's not because they don't respect the test. The do not do the analysis for other reasons.

Baden's questions are aimed at the fact that Spector had GSR on him, and going into all the specific ways Spector could have picked up the GSR found on his hands. She keeps trying to insert words into Steve Dowelle's mouth: "easily happen," "regularly transfer." The witness doesn't take the bait and doesn't agree to her leading questions. Each time Ms. Baden uses the words "easily transfer," the prosecution keeps objecting. There it is again, that word "easily." Then the criminalist misspeaks, and uses the word easily himself. Dowell states that the procedure for testing hands is not the same for testing clothing. There isn't a procedure for collecting GSR off of clothing. Cutler is nervously swivelling his chair in a slow back and forth motion. Rachelle is slumped down on the court bench, her arms crossed. Lately, she's adopted this pose for most of her time at court. I note the hair clip that Ms. Baden is using to hold back her hair. It's a plastic clip I would expect to see used in a salon, and not court.

Q: Some agencies have a higher level of particles required (for a positive GSR test). There is no standard in the US, correct?

A: That's correct.

No more questions! The witness is finally finished. The wihte haired man sitting next to Rachelle hugs and kisses Phil Spector. I see Rachelle brushing at Spectors jacket with her hands. When she is finished, she puts her hands back inside her designer suit pants pockets. I have never seen them hold hands at court once. When Spector is led into or out of the court room, she is beside him, holding onto him at his elbow, their arms intertwined. His hands are usually clasped together, with Rachelle on one side, and a bodyguard on the other, almost like they are holding him up. The afternoon break is called and I'm done for this day. I have a chiropractic appointment all the way up in La Crescenta, and I need the extra time to get there. The cushion helped a lot today. As I wait for a train at the Civic Center station, I skim through my notes.

Wednesday, July 4, 2007

Trial Notes, 6-11-07

This entry is finished but may still have some spelling errors.

On the Orange Line Bus I'm sitting near the front. There is a very young man would could be the twin image of the rapper~actor Ludacris. I envy this young man's beautiful smile and stark white teeth. On the transit news video screen, I see an ad for the LAPD. They must be recruiting right now. I surprised myself by getting out of the house at 7:30 am and I think I will just make court. I caught a bus at the Sepulveda Blvd. Station at 7:36 am. Hopefully, I'll be on the 9th floor by 8:45 am. At the Van Nuys station, two elderly women get on who look like they are sisters. At the Red Line Station, I see the strange looking bicyclist again with the partially shaved head and jet black ponytail hanging down underneath his helmet. I check the time the train is leaving: 8:08 am. I should be there in plenty of time for the motions that are to be presented outside the presence of the jury.

I get up to the 9th floor before 9:00 am. The hallway is virtually empty. A little after 9:00 am, Mr. Dunne arrives. Dominick says, "This is it! Sara! Sara the prisoner!" Dominick is telling myself and a few of the other reporters, that when when Paris got out of jail, (the first time) he happened to be outside, and was mobbed by the media. (Paris lives in the Hollywood Hills above Sunset Blvd., which is near the hotel where Mr. Dunne is staying.) Someone screamed, "There's Dominick!" And all these reporters rushed him.

Inside the courtroom, there are several motions that have to be addressed. Pat Dixon is speaking to the Judge about three defense witnesses that have spoken to the media: Dr. Henry Lee, Bill Pavelic, and Jody "BabyDol" Gibson, a self professed "Super Madam." Rosen gets up to speak, and Spector finally arrives in the courtroom. Rosen says that Pavelic was never on their witness list, and he (Rosen) contacted Ms. Gibson. Gibson "may have discussed this case," and there is some comment that is referred to her book. Gibson supposedly gave an interview to Marie Claire magazine, which is issued in the UK. The issue the interview is supposed to appear in is the August issue, but that comes out sometime in July. Plourd gets up to address Dr. Lee, saying "We don't represent Dr. Lee."

(I was surprised that when the letter from Dr. Lee hit the press, several days ago, the prosecution didn't immediately file a motion. Now that Pavelic wrote that scandalous diatribe on his website, accusing Pat Dixon of infiltrating the defense camp, it appears the prosecution is finally doing something about it.)

The comments Ms. Gibson has to say about Ms. Clarkson are "salacious." The Judge says, "She's there to dirty up Ms. Clarkson. Rosen replies. "It's not there to "dirty up" Ms. Clarkson. It's to give as much as possible to her state of mind." The Judge says, "Right now, I'm keeping an eye on it. If they (the defense) want to take a chance that their witnesses may not get to testify, that's their problem."

And that's it! Nothing is actually ruled on! Alan Jackson leans in to speak to the family while the jury files into the courtroom at 9:35 am.

The next witness is Steve Renteria, and Alan Jackson performs the direct examination. Mr. Renteria is a forensic scientist who works for the LA County Sheriff's crime lab. He's worked there for 23 years in the biology section.

Q: Was it normal for someone in your position to go to a crime scene?

A: Yes.

Mr. Renteria is responsible for training new analysts at the lab. He also does forensic and DNA typing. The jury appears to be attentive. Mr. Renteria was wearing two hats in connection to this case. One at the crime scene and one at the laboratory. The Judge appears to be reading a motion. Possibly Sara Caplan's motion? A collection of five photos are put up on the Elmo. Mr. Renteria testifies that there was a large amount of blood on Lana's purse, and a large amount of blood on the right side of her jacket. He did not visually observe any blood stains on the left side of Ms. Clarkson's jacket at the scene. The coroner's office tried to take precautions, to keep the left side of the jacket from being contaminated, but they were not successful. Now there is an image on the Elmo of Lana in the chair. Spector doesn't appear to be looking at it. Wait, there he goes. Now he appears to be looking in the direction of the screen.

Alan Jackson is now asking Mr. Renteria about blood stain collection, and the proper procedure to collect stains.

Q: That would be improper to use, say, like a Post-It note to collect stain evidence?

And Mr. Renteria agrees that using that would not be standard practice. The witness testifies that the stains on the stairwell banister were transfer stains that had dripped down the side. Now photographs of the downstairs bathroom are up on the Elmo again, and Mr. Renteria testifies that the "diaper was wet with water." Spector appears very still, looking down at the table in front of him. Now Mr. Jackson is going over the collection of the white dinner jacket.

Mr. Renteria explains in detail the luminol test he performed the following day. He testifies that he sprayed everywhere for blood stain. The luminol will glow a bluish, purplish light. There was no blood on the landing. No blood on the carpet or stairs. Mr. Renteria sprayed the walls on the stairs up to a height of two to three feet and he found no blood on the stairwell wall. The only thing that luminesced, was the pooling of blood around where Ms. Clarkson was found.

Q: Could one explanation be, that there was no blood spatter on the stairs, (was because) someone was between Ms. Clarkson and the stairs?

A: Yes, that's one explanation.

The DNA procedures at the lab are discussed in detail. Mr. Renterial was one two individuals who started the drive for the LA County lab to do DNA testing. He was "in on the ground floor for DNA analysis." ASCLAD, The American Society of Crime Lab Directors, has standards and accredited labs throughout the US. The LA County lab has been accredited by them. Today, in modern technology, DNA analysis and comparison is done by using STR, "short tandem repeats." The LA County lab uses STR analysis. Mr. Renteria says, "Everybody's DNA is unique except for identical twins." DNA is the same from conception to death. "We look for different sites or locations," the witness says.

Q: How would you describe the sensitivity of DNA testing?

A: It's very sensitive.

(I'm not sure who says this line, Jackson or Renteria,) If you put a pen ink dot on a paper, that size would be enough. A juror in the back row yawns. For the most part, the jurors expressions appear to be stoic. Renteria goes through the process of getting a DNA profile.

1. Get samples ready
2. Extraction
3. Quantifying how much DNA is present
4. Amplification PCR (polymer chain reaction)
5. Genetic Analyzer

Afterwards, you end up with a DNA profile. I have zero idea how much of that the jurors understood. A ten minute recess is called. Rosen and Dixon approach the bench; and at 11:10 am, it's still going on. Richard and Ron, the two guys who come in all the way from Riverside are here. Before the jurors come back in, Brunon informs the court that he has only spoken to Bill Pavelic in passing. He has a "very remote" relationship with him. Then the jurors are brought back in. One of the jurors puts on a jacket; he appears to be a little cold. And the direct examination of Rinteria continues.

The witness now goes on to explain the difference between mixture samples, where there are major and minor profiles, and that the source of that DNA profile cam be other materials such as skin cells, or oral mucosa. The source doesn't necessarily have to be blood. Spector's DNA was found on Lana's left inner wrist and left outer wrist. A photograph of the dress is put up on the Elmo, and Rinteria explains what the green and red arrows are. "Lynn Herold is in charge of evidence for reconstruction," and she was the one who placed the red arrows on the dress. His arrows are green, and indicate spots he tested for DNA. Rinteria looked at a total of three stains on the dress to test for DNA. He also inspected her jacket, that had to be cut in half at the coroner's office.

11:30 am, Ron and Richard leave. Mr. Dunne tells me that they often don't stay to listen to the scientific evidence when they attend a trial. (They have become very friendly with Mr. Dunne, bringing him information about the case off the internet and discussing it with him.) Detailed photographs of the gun are up on the Elmo now, and Jackson is going over with the witness the white material that was found on the gun site. Renteria took samples from the gun. Dr. Lynn Herold did the microscopic exam of the gun, while he collected seven different areas off the gun for blood. On the medalion imbedded in the grip, the DNA was insufficient to do a profile. On the impressions in the barrel, there was DNA but not enough of a sample. In the site grove, the DNA was Ms. Clarksons, as well as on the site barrel. On the side wood grip, there was a mixture. The major contributor was Ms. Clarkson and there was minor DNA (unfortunately, I didn't get to write down the rest of the answer identifying it). There are more detailed questions about the mixture DNA and how much X & Y markers are present in the sample taken off the gun.

Jackson now moves onto the bullets in the gun. Renteria only sampled the bullet tips of the live rounds left in the cylinder. He did not test other areas such as the bottom of the cartridges for DNA. Renteria says that he didn't want to use the side of the cartidges becaus at that time, the bullets hadn't been dusted for prints yet. There was one DNA marker, very weak, on the bullets that did not trace back to Spector or Ms. Clarkson.

I notice that some of the jurors are taking notes. Two jurors are slouching in their chairs, and one is leaning forward. Most of the front row jurors are leaning back. Mr. Renteria talks about the DNA match to Ms. Clarkson. It's one out of 114 quadrillion. That's a "1" with fifteen zeros after it.

1,000,000,000,000,000 Wow.

Jackson now moves onto the brandy sniffer glass, evidence item #15, found on the coffee table in the living room. There was a mixed profile DNA on this glass. The major contributor was Phil Spector and the minor was Ms. Clarkson. The glass found in the bathroom also had two DNA donors, with Spector being the major donor and Ms. Clarkson the minor donor. Moving onto the ginger ale bottle, there was a mixture of at least two individuals. Phil Spector and Ms. Clarkson could be the two contributors, but he was not able to determine who was the major or minor contributor. The results of the DNA on the latch bolt revealed it was consistent with two donors. Ms. Clarkson being the major contribuotr and Spector the minor contributor. One of the samples taken from the door knob or the latch bolt (my notes are not clear), had a single DNA marker that wasn't from Spector or Ms. Clarkson.

The blood on the stairwell hand rail matched a DNA profile for Ms. Clarkson. She was the only contributor. The eyelashes found on the back of the toilet in the bathroom off the foyer had a DNA profile that was consistent with a mixture. A single swab was used for both fake lashes. Ms. Clarkson was the major donor and Spector was the minor donor.

The lunch recess is finally called. (As I type up these notes almost a month later, I can't believe I sat through this testimony and took all these notes. It's excruciating reading back through it and trying to type it all out.) I have lunch with David and his mother Margaret again, where we go over the trial testimony and what it all means so far. David is certain that the defense did their own DNA test on the bottom of the bullets, otherwise, why would Linda Kenney Baden say in her opening statement that Lana's DNA was found on the bottom of the cartridges. I bet him that he's wrong, and that the defense didn't do the testing he thinks they did.

Back on the 9th floor, I see a somewhat regular trial watcher chatting it up with Mr. Dunne and another person who has come to court. There are quite a few more trial watchers in court today than usual, and there are not that many reporters in the room today. The hallway is full of potential jurors from other courtrooms. The courtroom finally opens to the public at 1:35 pm, and I notice that Mick Brown (author of Tearing Down The Wall) is back. He gives Mr. Dunne a warm hello. There are a few motions to present to the court.

Rosen stands up and argues that when Greg Diamond first came forward, the defense should have been notified, so they are filing a special motion for a mistrial. (Ridiculous!) One of the arguments for this motion is the information to rebutt Dr. Lee was supposed to be for the prosecution's rebuttal, but now that information is coming in via the prosecution's CIC (case in chief). Rosen is going over things Caplan said in detail, and he is trying to make it as if Lee did nothing wrong. Rosen says handling of the discovery issue "was not proper." The Judge already ruled on the missing evidence and the way it came in. Why is Rosen questioning somethng the Judge already ruled on? Is this to try to get into the record, any means possible for a mistrial? It must be. If they don't bring up their objections through motions at the trial, the appellate court can not consider the issue. Now he's saying that the prosecution did not turn over any notes from the gun or bullets being printed. What? That the prosecution didn't turn that over? More hogwash.

(It's not clear in my notes, but I believe) Dixon stands up and says that it's true, no one contacted the defense team when Greg Diamond came forward. Regarding Sara Caplan, the court agreed that they could use it in their CIC.

The Judge replies that no motion was made to squash Dr. Lee's subpoena. "It should have been done then. How Ms. Caplan got here, my recolection is diffenent. I won't address the full issue since we're not done with that yet. Regarding Mr. Diamond. That was done in an appropriate fashion. You (Rosen/defense) don't agree with that. The motion is denied."

Regarding the notes on the bullets, Alan Jackson stands up, and points out to the defense what page it is in the many documents that have already been recieved by the defense. After that, court goes back on the record and Renteria takes the stand again for direct examination.

Alan Jackson presents seven new exhibits, all photographs of the chair that Lana was found in. Mr. Renteria goes over each photograph, showing exactly where he collected samples to test for DNA. One sample had no DNA; the other three he collected had a single donor: Ms. Clarkson.

One of the alternates is coughing and the Judge interupts testimony to ask if they are alright.

A photo of the white dinner jacket is now up on the Elmo, with the red arrows showing blood spots, and the green arrows showing where Renteria tested for DNA. Most stains were a millimeter or less. Renteria testifies that Dr. Herold determined there was blood microscopically, which is more accurate that K-M testing for blood. It's 2:15 pm and I start to yawn. I've had too many late nights trying to keep up with my chores. Renteria states that he was able to get DNA from six stains on the jacket. Four stairs were from a single donor, Ms. Clarkson. Two stians were a mixture, the major donor being Lana, and the minor donor Mr. Spector. Now there are images of the back of the jacket. In an area near the armpit (I don't have in my notes which arm), there was blood identified microscopically by Dr. Herold. Next up on the Elmo are the pockets of the pants. There was a mixture of DNA on the inside of the pants pockets. Four stains were tested. One had a mixture, the major donor being Ms. Clarkson and the minor being Spector. I didn't get the breakdown of the rest of the stains.

Renteria states that there were stains on the gun that were much larger than those found on the jacket. The stains on the stair railing were much larger also, but some of those have no minor donor. A few more questions, and then direct examination ends. Plourd gets up to cross this witness.

Plourd is asking about the tests on Ms. Clarkson's wrists. Two stains from the left wrist and one stain from the right wrist tested positive for K-M. Then luminol is discussed. Renteria says that luminol is far more sensitive than a K-M test. A juror takes a sip of water and an alternate leans forward. Renteria is now talking about the swing of the door. The weather stripping was rubbing metal on the carpet and that it wasn't blood. (The luminol must have picked up the microscopic metal left behind from the door swing.) I see several jurors take notes.

Now Plourd is going over a "discrepancy." Dr. Lee said he picked up a blood stain off of the steps, but no luminol showed up on the test. Renteria says that it was presented (maybe by Alan Jackson) that the luminol was pretty "wet" and could have dripped. The LA Sheriff's office crime lab mixes the reagents themselves to make their concentrations, and Renteria waited until sunset to do the luminol test. Since there were no new areas that luminesced, he did not take photographs. It's 3:00 pm and the afternoon break is finally called.

I go over to David and Margaret to discuss the strategy of the defense. Someone (if I'm remembering correctly it's Ciaran) brings over copies of documents showing that the day before the trial started, Spector took out liens against the two properties he owns. One is the current residence, and the other is a townhouse in Alhambra. Mr. Dunn, Ciaran and I all wonder if there has been any interspousal transfers of these properties.

When the break is over and court starts again, a trial watcher's phone goes off. I wrote about that in this short entry the following day. The jurors appear to be a bit more alert since the break. Renteria says that they can get a good DNA result if the DNA is in good condition. The minimum amout that is needed is a nanogram, which is one billionth of a gram. To me, the questions are minucia on top of minucia. I look over and I see that Spector's hands are shaking.

Judge: And that will be our last question.

Plourd: Not just one more?

Judge: Well, if you want.

The jury laughs. I thought it was very boring today. The only thing I thought was interesting was the DNA on the fake eye lashes. There was one speck of one "Y" marker on the combined swabbing from the tip of the bullets, and not on the bottom of the casings like Linda Kenney Baden said in her opening statement. And that's the end of my trial notes for this day.

Tuesday, July 3, 2007

Trial Notes, 6-6-07

This a final version that may still have spelling errors.

I am late getting out the door so I drive to the Red Line station. I can't find parking in the lot, but do find some on the street. When I finally get to the 9th floor, I see Mr. Dunne is going over his first galley for his next story. Ciaran's latest story on the trial gets picked up by a local paper: The Pasadena Star News. It was in Tuesday's edition on the front page, and everyone congratulates him. Steven is editing a galley of a theater piece he's writing for his paper. It's 9:37 am, and the jury finally files into the courtroom. The cross of Lillienfeld continues by Brunon.

Brunon goes over Lillienfeld's testimony in detail, looking for any discrepancies he can. Spector stares down at the table, and I see that his hands are not currently shaking. Spector turns to look at the next exhibit on the screen. Brunon is trying to get Lillienfeld to say that the tazer wire was moved under Lana via the "take down" in the foyer. Lillienfeld will only concede that it had to have been moved afterwards because it couldn't have been shot "under her shoes." Spector is still looking at the photos up on the Elmo. Lana's mother is looking down at her lap; a sad jaw clenched look on her face. Lana's sister, who is in the courtroom every day, does not look at the crime scene photos either. Brunon is now trying to get Lillienfeld to say that the material picked up off her body was the missing nail. The jurors appear to be paying attention. At least four of the men are holding their chins in their hands in various ways.

From the way Spector is sitting, it's hard to tell now if he's looking up at the overhead screen or not. Now Brunon is really stretching it, saying that the way the detectives handled the gun could have destroyed evidence. I note that Mrs. Clarkson actually sits closer to her attorney than her daughter. Brunon does a demonstration with one of the guns found in the house. Detective Lillienfeld agrees that in holding the Smith & Wesson a specific way, you can't tell the actual color of the gun handle. It's clear to everyone in the courtroom that if this is the way Spector held the gun, then DeSouza could have been mistaken as to Spector holding the actual murder weapon, because the gun handle and it's color are not visible. This is a significant point Brunon has scored. Now, if the Smith & Wesson five shot fits the holster in the bureau, this would be a big hit for the defense also.

Detective Lillienfeld testifies that the carpet in the foyer was "pretty filthy." This was (I believe) in response to Brunon asking if the detectives searched the carpet on their hands and knees. Now they are going over in detail all the items found in the valise on the chair next to Lana's body. Antacid, Zantac, Viagra, Stay Awake Pills, a wallet with two driver's licenses, a passport, Various credit cards, AFTRA card, AAA card, glasses, keys, a magnifying glass, hair brushes and combs, breath mints, cosmetic products (I wonder what THOSE actually are!), a coin purse, pens and paper. Brunon harps more on the Viagra, asking if the detective knows if the Viagra was expired or not. What's the point of all these questions? Brunon is no trying to show that there was no evidence that Spector had taken the Viagra (that night). The detective didn't know if his blood was tested for it and had no knowledge that Spector took Viagra.

Lillienfeld is now going over the gunshot tests that were performed for sound quality. The cross is excruciating in the amout of detail Brunon is asking. The gun shot test were performed at the residence on February 4th, 2003 (my notes say 2007 but I'm sure I wrote that down wrong). No formal tests for sound conversations were performed by the motor court fountain. All the gunshot tests were audible by someone sitting in the car.

The morning break is called. At 11:05 am, we go back on the record. Now Brunon is questioning the detective about what Dr. Pena did and didn't do at the scene. Lillienfeld says that Dr. Pena didn't direct anyone to do anything. Not fingerprint the bureau or collect items off the stairs. I didn't see all of Dr. Pena's testimony, but I'm guessing this contradicts some of what Dr. Pena said he instructed the detectives to do. Now Brunon is questioning the detective about Stan White. Lillienfeld said he didn't know Mr. White well, but described him as a friend. Brunon characterized him as a "colorful character, involved in the entertainment industry." The witness says that the conversation with Stan White occurred five months to the day after the murder. Brunon is trying to imply that many officers outside of the investigation knew about the chip in Lana's acrylic nail. A juror is leaning forward, and their body language shows they are following the attorney, then the witness, then back to the attorney. Then the juror takes a note.

The last question Brunon asks is about "stippling" and if the detective knows what it is. Lillienfeld goes on to explain it in detail. And that's the end of cross.

11:20 am, redirect by Dixon finally gets started. Dixon gets Detective Lillienfeld to explain that the coroner's office has jurisdiction of anything that is on the decedent at the time of their death. However, law enforcement is responsible fore all items not on the body.

Q: Why did the Sheriff's Office provide that service to smaller municipalities?

A: The Sheriff's Dept. is compelled to offer that. More expensive resources are provided by the Sheriff's Office.

Q: Some cities have that relationship, some some don't, correct?

A: Correct.

I exchange a note with Mr. Dunne. I HAVEN'T SEEN THEM (Spector's hands) SHAKE ALL MORNING.

Lillienfeld testifies that the individual who performed the sound tests was from the Department of Health, and the gunshots could clearly be heard from anywhere on the property.

The Viagra was asked about again. It was a three strip blister pack, and two of the pills were missing. Lillienfeld goes onto describe the entire scene that he encountered in the house.

A: This murder had sexual overtones to it. The home was dark. There were candles lit. There was alcohol. The way she was dressed, who she was, who he was made me to conclude there were sexual overtones. So, the Viagra was booked into evidence.

Lillienfeld describes actually being in the lab when the bullets were swabbed for DNA. He testifies as to what he observed the criminalist do. "It was on the tips of the bullets. That ws the portion that was swabbed. The bottom was never swabbed, just the tips." This totally blows Linda Kenney Baden's opening statement that DNA was found on the "bottom" of the bullets.

Now the photo with the ungloved hand is put back up on the Elmo. Right next to it, is the same photo, with a 90 degree difference in orientation. The defense had turned the photo on it's side to make it look like someone didn't have gloves on their hands, when it was actually Lana's hands! Mr. Dunne and I exchange notes about that. The defense trick was very misleading.

Lillienfeld is asked who was present at the house when the scene was released to the defense team. "Jay Romaine, Robert Shapiro, Michael Baden, Henry Lee, Sara Caplan. Lillienfeld had met Dr. Baden and Dr. Lee at a conference years before. He had never met Shapiro or Caplan before.

Q: The defense (team) didn't have hair nets, booties or gloves (did they)?

A: Nothing that I could see.

Redirect ends, and recross by Brunon begins.

Spector and Bruce Cutler confer. Brunon goes back to cross on Dr. Pena, and whether or not Pena asked questions or asked evidence to be picked up, or for the bureau drawer to be tested for prints. Brunon makes a point to ask if there was any torn clothing, or if anything was positive for semen, and Lillienfeld says no.

Q: Do you know if a sexual assault kit was performed on Lana Clarkson?

A: I don't know.

Q: Her clothing wasn't torn, or pawed at, correct?

A: Correct.

Q: You were present at the exam of the unexpended bullets?

A: I can't remember when exactly (the exam was).

A few more questions are asked, and the Judge calls the noon recess.

After lunch, Mr. Dunne tells me there are two ladies from an Australian paper that want to do a bio on him. If I'm remembering correctly, he had lunch with them in the cafeteria.

Outside the presence of the jury, Rosen is making an assertion of privilege regarding Sara Caplan.

Rosen: Caplan will assert privilege. She should not be put in a position to testify. She does not intend to testify, based on ethical and legal obligations, she does not intend to testify. Mr. Spector objects to this. He asserts privilege.

I have in my notes that "Mr. Dixon would want it resolved before Stan White also," but I'm not sure if Rosen says this or not. It appears the defense is vigorously going to fight Caplan taking the stand.

The jury is called back in and Lillienfeld is back on cross by Brunon, and he is finishing up on questions about Dr. Pena. The cartridges in the murder weapon were removed at the scene. Detective Katz removed them. Brunon reads to the witness the California Department of Justice guidelines on handling this type of evidence. "When removing bullets from a gun the recommended packaging is to package them individually." Lillienfeld admits that he wasn't aware of that guideline.

Q: That agency believes that the bullets should be individually packaged. Do you know why?

Objection! Speculation!

Judge: Sustained!

The jurors all appear to be sitting back and not taking notes. Al except one juror in the back row.

Q: Dried blood can flake off?

A: Yes.

Q: That's why they put them in special packaging?

A: I don't know if that's why they do that.

And that's it I think. Brunon is finished with recross, and it appears that Dixon has no more redirect. The jury is excused, and we now go to a hearing outside the presence of the jury.

You can read a complete recap of that hearing, on this prior entry.

So Judge Fidler blinked. Steven and I wonder if it was Sara Caplan's tears that did it. If she's ruled to be in contempt, she could be thrown in jail until she testifies. The prosecution was not ready with another witness, so the court takes a break until Dixon can obtain another witness. The bodyguards lead Spector out of the courtroom. Steven says, "He must feel more secure, only using two bodyguards (now)."

There were a few interns sitting behind me, and I turn to talk to them, asking them what they thought of the proceedings. They didn't have a clue as to what was happening, so I gave them a tiny recap of what just happened and it's implications. Pat Dixon is able to get another witness to the stand, and the 26th witness is called. Robert Keil. Jackson will conduct the direct examination of this witness.

Robert Keil is a criminalist with the Los Angeles Sheriff's Department. At the time of the incident, he had been with the department 14 years. He completed a one-and-a-half year training program in firearms and collection of evidence. He was called out to the crime scene by Steve Renteria to assist in collecting evidence. Up on the Elmo is an image of tooth fragments at the scene. There are several fragments at different locations. One piece is mid stairs. Another piece is higher up and on the other side of the stairs. The witness states that he collected all these items except that which was on the body. The witness is questioned about several items of evidence and identifies through photos up on the Elmo, each item he collected and the envelope and vial they were put in.

Dixon now moves onto Spector's white dinner jacket and it's collection. Photos are put up of the room, showing that the jacket was on the floor of the dressing/entertainment room. A few more questions are asked and then direct ends for this witness. Linda Kenney Baden gets up to cross Keil.

Keil testifies that he took field notes. He did not write a report. LKB asks him to pull out his field notes. Item #5 that Keil collected is discussed in detail. Keil states that he didn't examine the items closely at the scene, and he didn't count the number of items that were put in this vial. His recollection of collecting these items at the scene was that he remembered evidence items #10 and #11 as single items, and #5 as having several items but he didn't count the number of pieces that went into #5's vial. The criminalist searched many rooms, but all the rooms he entered are not documented in his field notes. He testifies that he looked in the upstairs bathrooms, but he didn't see anything of value in those bathrooms. Keil said he didn't find any blood anywhere else in the house (upstairs) except for the jacket.

In the bathroom off the foyer, he observed several items. Ms. Clarkson was still at the scene during this time. The coroner's office had just arrived when he did. Keil testifies that he looked carefully, but he didn't find any other material. LKB goes back over the jacket, and in the manner of her questions, she's sort of "testifying," herself.

Q: It didn't look like it had been thrown in the trash?

A: No.

Q: It didn't look like it had been hidden did it?

A: No.

Q: It didn't look like it had burned did it?

A: No.

Now LKB is questioning Keil on the bloody diaper and where in was found in the bathroom by the toilet. The "Castle Meyer test" (also known as C-M) is mentioned, and that it's a good test for the presence of minute concentrations of blood. Regarding the murder weapon, Keil testifies that he was told where the gun was and he examined the area but he didn't collect the gun. Keil also testifies that he examined the (master?) bed for obvious stains, and the bed appeared to be made. Keil said he did some little sketches in his notes, but he took no measurements. He also went through the living room. Over and over again, LKB is trying to say that no one tried to "throw away, destroy or burn evidence" that was eventually collected. In my opinion, some of these cross questions are ridiculous. Now she asking him if he looked at the bar bottles to see if there were bottle ring marks and things to show bottles had been moved or removed. The jury appears to me to be very bored. All this excruciating detail of cross. One juror yawns. Another nervously moves his fingers. LKB is going over virtually every photo, and asking the criminalist, "Did you collect evidence before or after this photo was taken," and each time, the criminalist answers, "I don't know." It seems like LKB is beating a dead horse for no reason. I pass this note to Mr. Dunne: NOT HELPING HER CLIENT! And Dominick writes me a note back. I think she sounds like she's shrieking when she raises her voice in that accusatory tone.

And that's the end of the notes I took for this day.

Monday, July 2, 2007

Trial Notes, 6-5-07

On the bus and train, I try to go over my notes from yesterday to fill in the blanks and make remembering easier. At the Wilshire Vermont Station, a man gets on the train with a basket hung from a strap around his neck. He's selling peanuts. "One dollah!" Two stops later, he exits the train.

At 9:20am, I'm on the 9th floor of the criminal court building. Spector and his entourage approach. Spector has changed his look. Along with the tan suit, pinstripe pants, Spector is wearing a tie! Mrs. Clarkson has an unhappy, almost mad expression on her face. Ed from the DA's office shakes her hand and says, "Nice to see you again." I find out today that the reason the photographer changes every day is because the selection is from a pool. Makes total sense now.

Steven Mikulan from the LA Weekly brings his editor, Kate to court today. Kate is more interested in the music aspect of the trial. The attorney's who represent Sara Caplan and Robert Shapiro are before the court. The lousy reporter that I am, I totally miss catching their names when they tell the court. Brunon gets up to speak, saying something to the effect (and I paraphrase), The current defense team is very concerned that firm boundaries are not set. (The defense would want) boundaries to establish ground rules.

Dixon: There's a lot of lawyers over there.

Judge: I'm not intimidated.

It appears Caplan and Shapiro are trying to get out of testifying.

Something else is said by one of the attorneys, and then the Judge says:

Judge: I view this as a potential to breach privilege. We can go in camera.

Right after that, the defense team goes into chambers with the legal counsel for Sara Caplan and Robert Shapiro. It's 10 am. Donna Clarkson chats with her attorneys, and I see her have a rare smile on her face. Steven, Kate and I chat about genius, madness and bipolar disorder. (Kate eventually wrote an article for the LA Weekly about her trial experience.) At 10:10 am, the prosecutors are called into the in camera hearing. Mr. Dunne is still struggling with a deep cough. Once everyone emerges from the Judge's chambers, there is a further delay because the court reporter's computer is not working. Kate gets up to take a quick trip to the restroom. Mr. Dunne motions to me that he would like me to take her seat, and sit by him. I know this will be fine with Kate because she appeared uncomfortable with the coughing.

Earlier, before court started, Ciaran, Dominick and I we discuss how Spector must have treated the witness DeSouza. We talk about how everyone we meet in life, we have to be open to the message that we may receive from someone, no matter how fleeting our crossed paths may be.

Back in the courtroom while we wait for the court reporter to get things working again, Linda Deutsch and Sara Caplan's attorney smile and shake hands. Jackson and Dixon are off to the side in front of the jury box in deep conversation. At 10:25 am, the jury is finally called into the courtroom.

The next witness, #24, is Mark Lillienfeld, and Dixon is on direct examination. He is a detective for the Los Angeles County Sheriff. This is is 27th year working there, and his 16th year as a homicide detective.

Q: How many crime scenes had you visited?

A: Prior to that date I would guess between 300-500.

Detective Lillienfeld went to the scene. He arrived around 2 pm in the afternoon. He was directed to go there by his supervising lieutenant. Sargent Steve Katz his partner, arrived with him. Lillienfeld was assigned to be the lead detective and in charge of the evidence. His responsibilities were to supervise and direct all the people called in to collect evidence.

Photographs are put up on the Elmo of different views of the front entrance. The search for evidence was via a search warrant. There was a camera monitor at the front gate, but it doesn't record anything. It's just hooked up to a TV monitor so the front gate can be viewed from inside the house. This was the only surveillance camera of that type. Lillienfeld was at the scene almost 30 hours total. Now up on the monitor is a diagram of the floor plan of the house. This is the first time that I've seen this. I immediately notice that the front door is in exact alignment with the back door. Uh-oh. That's very bad Feng Shui. (Don't knock it until you try it everybody. Feng Shui changed my life.)

A new diagram is up on the Elmo now. This is a diagram is not to scale, but it outlines where the fountain was in relation to the house. Detective Lillienfeld testifies that he had no trouble having a conversation by the car near the water fountain. He could understand and hear everything that was said. He didn't have to yell. It's approximately twenty-one feet from on edge of the fountain to the back door. The witness says that there is a numbering system that the Sheriff's Dept. uses to identify a crime, and it's unique. And, there are numbers for pieces of evidence. He was responsible for controlling the evidence, and the number distribution for identifying that evidence. Pat Dixon then leans in to Donna Clarkson to tell her there are images of her daughter coming up.

I know I am writing these notes up almost a month later, but I'm pretty certain this is the first time that I see a side view of Lana in the chair and can clearly see how her handbag straps are twisted around 180 degrees. It's a hobo type bag, and her arm is resting on top of the bag. The straps are also caught around the front edge of the downward leg of the chair's right arm. The witness identifies the gun as item #1. Photos on the Elmo now show the gun up against the left leg of Ms. Clarkson. The gun is identified as a six shot colt cobra revolver. It was loaded with two different types of ammunition. The firing pin was lying against a spent cartridge. It's now that Detective Lillienfeld puts on gloves to remove the weapon from the evidence bag. The jurors watch with rapt attention as the gun is displayed. Pat Dixon leans into the tall, black haired family attorney to let him know that more photos of Lana are coming.

Lillienfeld describes discovering the unique holster in the three drawer dresser. The other weapons discovered are shown and where they were found in the house. These become evidence items #25 and #26. A photograph of where the shotgun was found is put up on the Elmo. On the Elmo are images of one of the other guns recovered, and holster by the same manufacturer of the holster that was found in the bureau beside Ms. Clarkson. The other guns were fully loaded with the same ammunition as in the murder weapon. The shotgun, however, wasn't loaded.

Spector doesn't appear to be looking at either the witness or the guns when they are shown to the jury. Now the witness is talking about all the holsters. When the shotgun is put back in the evidence box, it slides down to the end of the box with a "boom" echoing through the courtroom. The witness stresses that all the holsters found were the same brand: Hunter. A shoulder holster was also found...but I'm not sure from my notes here if it was found in the office or the master bedroom. There was also ammunition also found in the master bedroom, which was a mixture of two different types of ammo. The box said "SPEER" but it was not all Speer.

22 bullets 38 caliber Speer rounds
..1 bullet TP round
45 bullets Remmington Speer rounds.

There is a bit of a break now because the court reporter needs to change her tape. Spector stares straight ahead. Now it appears he is looking at the image on the Elmo. The tape changed, the detective outlines the different ammunition and where all of it was found.

Q: Was the case in the master bedroom or the office?

A: I guess the holsters were in the office and the guns in the master bedroom.

There is come confusion here by the witness exactly where the holsters were found, and the gun case with the two other hand guns. Spector is looking at the Elmo that has images of Lana in them. Now a sidebar is called, but it appears to be quick. The witness states that a valise was found on the matching chair on the other side of the bureau. Underneath it was a DVD player with the movie "Kiss Tomorrow Goodbye" inside. The contents of the valise are listed. Zantac and other medication. A three count blister pack of Viagra with one tablet left. Stay awake pills from RiteAid. There are more items but I don't get them all written down.

Now the witness is describing items that were found in the living room on the coffee table. There was an empty tequila bottle. A bottle of ginger ale, and a brandy sniffer with some alcohol in it.

The lunch recess is called.

At lunch, I talk with two trial watchers, a young man who has brought his mother to watch the trial. (It's about a week later that I finally learn their names, David and Margaret.) During lunch, we talk about the trial. Upstairs, in the hallway outside Fidler's courtroom, Mr. Dunne and I talk about Lana's mother, and the exchange they had the first day. He shares with me his story about getting a ride from Cutler when his driver fails to show up, and how that felt. We finally get back in the courtroom. Pat Dixon leans in to speak to Lana's mother. It's 1:40 pm and no one is ready. 1:44 pm the jury comes in and the Judge finally takes the bench.

Lillienfeld is now identifying photos up on the Elmo. It's a picture of a second brandy sniffer that was found on a sink counter just off the foyer that was taken into evidence. It's in the next series of photographs everyone can see that the toilet in the bathroom must have been a special order because it's a deep maroon color. More photos of evidence that was collected: the eyelashes, the curity brand diaper, and the second brandy sniffer, all found in the bathroom. We find out that this "diaper" is a cotton baby diaper, from a pre-disposable era. In describing the fourteen inch by fourteen inch square diaper, detective Lillienfeld states, "It was wet to the touch and covered in a good amount of blood. Now, there are photos up of the foyer back door, and the blood smears on the deadbolt lock and doorknob handset. Lillienfeld is describing more evidence that was collected, such as blood samples from the back door, and the deadbolt. The lever to the deadbolt (called a "thumb latch" in court) was on the floor behind the door. Now, the detective is describing all the phones he found in the house and their location. There were two cell phones in the valise on the chair beside the bureau in the foyer. A phone in the living room, one in the kitchen, and one at the stairway mid landing beside the security TV monitor. There's a phone in an upstairs kitchen, a phone in a guest room closet/dressing area, a phone in a bedroom that was turned into a dressing room~entertainment center, and a phone in the guest bedroom on the west side of the house. There's also a phone in another guest bedroom and two phones in an east wing bedroom that was converted into an office. And there was a phone in the bar on the lower level in the east wing. Each time when Dixon asks if the phones were working, Lillienfeld describes testing each one. He picked up the hand sets, ensuring every phone had a working dial tone.

The witness states that Bob Kyle from the Sheriff's Department Crime Lab collected anything having to do with biology; hair, blood, etc. The detective identifies Spector's white jacket as a ladies dinner jacket, that was found in the dressing/entertainment room, lying on the floor. The buttons and button holes are on the opposite sides of a man's jacket. I'm floored by this, but at the same time it totally goes to explain why Lana identified Spector as Mrs. Spector. Spector was wearing a woman's jacket!

Shifting back to the deadbolt lock, the witness testifies that the set screw, a little screw that keeps the lever mechanism on the lock, was turned back. It's unknown when this was done, why, or if it was done on purpose.

The witness is now asked if he attended a BBQ event in Whittier (for a Sheriff's Academy event of some kind. I miss getting the exact detail) back in July of 2003. Detective Lillienfeld says that there were many generations of retired alumni present at the afternoon event.

Q: Did you know Stan White?

A: Yes.

The witness states that he's known Stan White about twenty-five years. Stan is a retired from the Sheriff's Dept. The jury is taking notes.

Q: Did you have a conversation with Stan White regarding the crime scene?

A: Yes, I did.

The direct examination ends. That was interesting. The prosecution is laying the foundation to bring in Stan White's testimony.

Bradley Brunon steps up to cross examine the witness for the defense.

Brunon first off tries to get the witness to say that when the police came into the house they could have broken the finger latch off the deadbolt. Objection! Unfortunately, I don't write down how the Judge ruled on this.

Several jurors move around in their seats. One leans back; another leans forward, another fidgets, and one leans their char back towards the back wall. Brunon now trying to imply that the police had enough time, as much as they needed to investigate the crime scene. It's now 2:40pm, and I'm about to fall asleep. I was up late, trying to get caught up on chores. I watch two jurors in the back row fidget a bit and then pick up their notebooks to take a note.

A juror appears to have closed their eyes, and another juror leans back and crosses his arms across his chest.

Q: No officers had booties or hair nets on?

A: I've never seen hair nets used in three hundred plus homicides. That's only on TV.

Finally, the break is called and I can stretch my legs. A woman comes up to Mr. Dunne. Her name is Kelly from Malibu Magazine. She says that her editors, "...won't let her cover the trial, but they are interested in covering you." She shows Mr. Dunne the magazine. I have in my notes here, some information about Alan Jackson, and, I can't tell from my notes where I got the information, but I believe it was from the DA's public spokesperson. Mr. Jackson was in the air force. He's approximately 41-42 years old, and with the DA's office for 10-15 years. He graduated from a university in Texas, which ever one is where the "Aggies are." He's only lost one case, and is a "rising star" in the DA's office. Dominick and the Malibu Magazine reporter chat, and I believe Mr. Dunne agrees to give an interview.

Break is over, and we're back on the record. Brunon puts up on the Elmo a photo of officers at the scene, taken from the stairwell balcony, down into the foyer area, showing some detectives not wearing gloves.

A: We didn't pick up any evidence. We directed others to pick up evidence.

Now there is a blow up image of Dr. Pena not wearing any gloves. Rosen gives a note to Brunon, and then a moment later, a second post it note to Brunon. Brunon is now asking about the bureau drawer, and if the witness knows if it was closed all the way.

A: No, I don't.

Now images of Lana's purse are up on the overhead screen, and there appears to be a hand there, handling the purse that doesn't have a glove on.

A: That's most likely Lana's hand.

One of the jurors looks out at the gallery, and one juror has their arms crossed. Two jurors appear to take a note. Now there is an enlarged image up on the Elmo of tiny items on the red carpet next to the baseboard.

Q: Was that item picked up?

A: I believe so.

The direction this cross is going is clear to those of us who followed the evidentiary hearing outside the presence of the jury. That if the nail was there, (next to the stairwell wall) then it would have been visible in police evidence photos, with the evidence markers #'s 4 and #5. Finally a photo is put up of the lower stairs, and I can't see if there is anything on the lower step. I'm squinting, looking for that "scratch" that Dr. Lee said was there. Now Brunon does his own demonstration for the jurors. He picks something up from the carpet in the courtroom, and places it on the witness stand counter. "Now I'm sorry I picked it up," he says. The expression and smile on the Judge's face when Brunon said this was priceless. Rosen brings Brunon another post it note. Brunon is now asking about Lana's broken nail, and Rosen brings Brunon another post it note! The jury appears restless to me. One juror stopped taking notes hours ago. Another juror has their hands in their lap, no notebook. Same for another juror. And Brunon receives more notes from Rosen. It's 3:55pm and Lillienfeld is still on cross. Several jurors in the back row are not taking notes, although one juror does have their notebook in their lap. At the other end of the jurors, (from the one's I just mentioned) one juror appears to be writing lots of notes.

Finally, court is over for the day. The prosecution then informs the Judge that they will not be calling Robert Shapiro. Wow. I would have loved to have been a fly on the wall of that in camera session. The argument that Shapiro's attorney gave in camera must have been a damn good one, for the prosecution to change their minds about calling Shapiro.

Rosen comes over to talk to Mr. Dunne. It appears that the same people who recently fixed Mr. Dunne's computer in New York, The Geek Squad, also went to work on the computer of Jennifer's mother. (Jennifer is the defense's attorney who handles their exhibits for the Elmo.) Rosen delivers a message to Mr. Dunne that, "Your computer's fixed now." Small world. Several people come up to Dominick to tell him they love his show on Court TV.

On the Orange Line bus on the way home, I notice a woman in a seat across the isle from me. She's wearing a very tight shirt over massive breasts that reads, "Who needs brains when you have these?" Ah, me. The things people wear.