Wednesday, December 17, 2008

Phil Spector Retrial: Day Twenty and Scout Kitty Update

December 17th, 2008
Prosecution Witnesses: None

Accredited Press inside the courtroom: Harriet Ryan of the Los Angeles Times

There was no testimony presented today. One of the jurors, Juror #1 was taken to the emergency room last night and did not come to court today. Court is in recess until 9:00 am, January 5th, 2009 for counsel and 10:00 am for the jurors. Spector, Rachelle Short and their bodyguard were not in court today. Spector was informed of the ill juror and he waived his right to appear.

Outside the presence of the jury, both sides extensively argued motions on how broad the scope of cross examination the defense can perform on coroner Dr. Pena. The defense's position is that it is their right to cross examine Dr. Pena on statements he made during the first trial but were not presented into evidence in the second trial, to show his bias and impeach his testimony. The prosecution contends the defense cannot cross examine Dr. Pena outside the scope of his testimony in this trial. The defense has not yet completed their motion for the court on this issue.

will testify to on the stand. In Two things were settled today. First, Fidler ordered that a 402 hearing will be held to determine what questions Weinberg will ask Dr. Pena regarding manner of death and his investigation into that. The prosecution feels that this is an "end run" tactic for the defense to bring into the case testimony on a psychological autopsy. Fidler has stated that until he rules on this issue, no questions can be asked by the defense.

Although the people wanted the 402 hearing to occur today, the defense requested the hearing be held after the holidays. Fidler agreed to this request. Alan Jackson again asked the court to order the defense to turn over their discovery on expert witness Dr. Sieden. Judge Fidler ordered Weinberg to meet with the prosecution team sometime today and give them an oral statement of what his expert witness, Dr. Sieden will testify to. In addition, he must follow that up with a written statement by next Tuesday.

Scout Kitty Update

Ever since Scout came home late last night, he had been behaving out of sorts. He was wobbly on his legs, bumping into things and appeared disoriented. We took him back to his doctor who decided to remove the neck cone and put a stretch bandage over his incision and stitches. Apparently, the cone prevented Scout from feeling where he was with his whiskers. Since the cone was removed, his balance and orientation is much better. When we discovered the injury a few days ago, he had one watery eye and had been sneezing quite a bit. Today, the doctor discovered he now has a fever when he didn't before. We are worried about rabies and/or the possibility of a viral infection in his lungs. He also received more pain medication today. It's a wait and see at this point if the antibiotics will clear up the eye and lung issues. He was too sleepy to open his eyes for the camera a little while ago.


Lee from OZ said...

Thank you for your amazing coverage of this trial. My husband and I were in California just after the first trial started last year and I got hooked. Since returning to our home in Australia last June (07), I watched avidly all the CourtTV video coverage of the trial on my computer. I couldn't believe the verdict, but what was more amazing was that there would be no coverage of trial 2! I was devastated! But then you came along, Sprocket, and rescued all of us. Thank you so much. Every day I look forward with great anticipation to your detailed and intelligent updates, so thank you, thank you!!
Re your lovely cat Scout, as a great cat lover (we have 3)I know what the cost of these treatments and ops can be. I will attempt to use pay pal for the first time ever to contribute to Scout's 'fighting fund', as a way of saying thanks for your great efforts on our behalf.
Many thanks,
Lee from OZ

Anonymous said...

Betsy, Have a very happy holiday and rest from the commuting, I will miss your daily reports. I wonder what that throat surgery thing was all about as you mentioned yesterday that he must not have had it. All the best to you, C

Anonymous said...

Well, I shall be sitting in a Redwood City courtroom on December 23, boring holes into the back of Weinberg's head, during the pre-hearing for Dr. William Ayres. Somebody sent the prosecutors up there in San Mateo a link to your blog,because it'll help them to know how to deal with Weinberg.

Barry said...

Betsy -

Have a blessed holiday and a wonderful new year! And nuzzle Scout Kitty for us - hope the little guy is feeling better soon! We'll be waiting for the trial coverage to pick up again - and then maybe the other little guy (Spector) will get what he deserves!

Perhaps if you have time in the next few days you could give a "halftime report" summarizing your impressions of the retrial so far.

Again, thanks for all you do!


shari said...

Thanks Sprocket for all your tireless hours in the courtroom. THE COVERAGE YOU HAVE DONE IS AMAZING! Looking forward to after the holidays. Take care of Mr. Sprocket and Scout kitty and have a glorious holiday season.

Anonymous said...

I am praying for Scout. Thank you for covering the Spector trial, you are my only source.

ltlcrafty1 said...

Wow. I was delighted to find this blog. You are very thorough and informative. I can't believe no media outlets are providing any coverage at all!! My only hope is that this strategy is being used in hopes of securing a conviction, and proving to PS that people could care less about him. I do, however, care that he pays for what it is clear he did to Lana Clarkson. I look forward to checking back in after the new year.
Best wishes for your cat. I just had to say goodbye to my cat Boo, who was my little buddy of 16 years. It was the hardest thing I've ever had to do. I know when they're not feeling good, it's hard for you to feel like everythings "okay". Happy Holidays to you and yours.
Mary in So Cal.

bonnieb said...

Thank you for your marvelous coverage, Sprocket. Best wishes and happy holidays to you & your family, and your precious Scout!

Anonymous said...

Great coverage as always, Betsy. Rest your mind and body during the holidays...little Scout Kitty needs you! I hope that his wound heals quickly and that the sniffles and sneezes aren't serious. I've been praying for him and wishing him speedy recovery. He looks much more comfy without the lampshade around his neck :)
Keep us posted.
Luv ya,
Kitty M.

Mary Beth said...


Another thank you from a grateful reader. Have a Wonderful Christmas & New Year. Enjoy every minute of it. Just remember there are so many of us that appreciate all you do! And, I so hope that your Scout kitty gets well over the Holidays. You were just meant to be there with him.

Hang Tough!

Sprocket said...

Lee from OZ:

Thank you so much Lee.

Anon 12/17 "C":

Before court started one day the week before, I believe it was Tues or Wed., either Jennifer Barringer or Susan at the defense table was telling Wendy that it wasn't confirmed Spector was going to have the surgery. I can't remember if I mentioned that in my notes for the appropriate day.

Anon 12/17 @ 4:14pm:
If you do decide to attend and are willing to take notes of this hearing, T&T would love to have them.

I don't have any "half time" thoughts to share. I was supposed to be on Talk Radio One to discuss the Spector case on Thursday, then it was moved to Friday, and now that has been moved to Monday. Mostly, I will be sewing some last minute orders over the next two weeks and writing a belated Christmas letter.

Thank you Sharri for your continued support.

Anon 12/18 @ 4:05:
You're welcome anon, for the coverage and thank you so much for your good thoughts for Scout.

ltlcrafty1/Mary in So Cal:
Thank you so much Mary! I'll never forget how hard it was to put down one of my past kitties. Jumpy's sibling, Katie, amd Mr. Sprocket's favorite, died in our arms at 4 years old. It never gets easy.

Thank you so much bonnieb!

Your prayers and concern mean so much to me dear friend!

Rick from NJ said...

Finally, a great place to find up-dates on Phil's final days as a free man. Like so many others, I am looking for new information on the retrial. Thanks so much for following and reporting.

Very much appreciated